Last Updated on September 21, 2023 by ufiling
The jurisdiction of the Commission for Conciliation, Mediation and Arbitration (CCMA) in South Africa is determined by various factors. Here are the key considerations for determining CCMA jurisdiction:
- Employment Relationships: The CCMA has jurisdiction over disputes arising from “the workplace” or “employment relationships.” This includes disputes between employers and employees, or between trade unions and employers. It covers both private and public sector employees.
- Types of Disputes: The CCMA handles various types of employment-related disputes, including unfair dismissals, unfair labor practices, disputes over wages and conditions of employment, organizational rights disputes, and disputes related to collective bargaining agreements.
- Exclusions: Certain categories of employees are excluded from CCMA jurisdiction. This includes, for example, members of the National Defense Force, intelligence services, and those in senior managerial positions who earn above a specified threshold.
- Thresholds: The CCMA has jurisdiction over disputes involving employees who earn below a certain income threshold. This threshold is determined by the Minister of Labor and may be adjusted periodically. Employees who earn above the threshold are generally excluded from CCMA jurisdiction and may need to pursue alternative dispute resolution processes, such as private arbitration or court proceedings.
- Statutory Provisions: The Labor Relations Act (LRA) provides specific guidance on CCMA jurisdiction. It sets out the types of disputes that fall within the CCMA’s purview and outlines the procedures for resolving disputes through conciliation, mediation, and arbitration.
It is important to note that the determination of CCMA jurisdiction can be complex, and legal advice should be sought in specific cases to ensure accurate interpretation and application of the relevant laws and regulations.
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