Last Updated on September 21, 2023 by ufiling
If you wish to file a complaint with the Commission for Conciliation, Mediation, and Arbitration (CCMA) in South Africa, you can follow these steps:
- Determine eligibility: Before filing a complaint, ensure that your case falls within the jurisdiction of the CCMA. The CCMA handles disputes related to unfair dismissals, unfair labor practices, wages, working conditions, and other employment-related matters.
- Attempt resolution: Prior to submitting a complaint, it is advisable to try resolving the issue through direct communication or negotiation with the other party involved. Many disputes can be settled without the need for formal legal proceedings.
- Complete the required forms: Obtain the appropriate CCMA forms for filing a complaint. The main form is the LRA Form 7.11, which is the official referral form. You can find this form on the CCMA’s official website or at a CCMA office. Fill out the form with accurate and detailed information regarding your case.
- Submit the complaint: Once you have completed the form, submit it to the CCMA. You can do this in person at your nearest CCMA office, by mail, or electronically through the CCMA’s Online Referral Portal. Make sure to keep a copy of the form for your records.
- Pay the necessary fees: There are certain fees associated with filing a complaint with the CCMA, but the amount depends on your annual salary. The fee structure can be found on the CCMA’s website. If you cannot afford to pay the fee, you may apply for exemption by completing the Application for Exemption from Paying for Dispute Resolution Services form.
- Await case assignment: After submitting your complaint, the CCMA will assign a case number to your matter. This number will be used for all further communication and proceedings. The CCMA will also notify the other party involved in the dispute about the complaint and provide them an opportunity to respond.
- Attend conciliation/mediation: The CCMA will schedule a conciliation or mediation meeting between both parties to attempt a settlement. It is mandatory for both parties to attend this meeting, as the CCMA aims to promote dispute resolution through mediation. If the matter remains unresolved, it may proceed to arbitration or the Labour Court.
It’s important to note that the above steps provide a general overview of the process, and there may be additional requirements or variations based on the specifics of your case. It is recommended to consult the CCMA’s website, contact their helpline, or seek legal advice for accurate and up-to-date information tailored to your situation.