What are the powers of the CCMA commissioners?

Last Updated on September 21, 2023 by ufiling

CCMA (Commission for Conciliation, Mediation, and Arbitration) is a South African institution responsible for resolving labor disputes. The powers of CCMA commissioners include the following:

  1. Conciliation: CCMA commissioners have the power to conciliate disputes between employers and employees or trade unions. Conciliation involves facilitating communication and negotiation between the parties in an attempt to reach a mutually acceptable resolution.
  2. Mediation: Commissioners can act as mediators in labor disputes. Mediation involves assisting the parties in reaching a voluntary agreement by facilitating discussions, exploring options, and clarifying issues. The mediator does not make decisions but helps the parties find a resolution.
  3. Arbitration: CCMA commissioners can also serve as arbitrators. In arbitration, the commissioner acts as a quasi-judicial authority and makes a binding decision to resolve the dispute. This decision is called an arbitration award and is enforceable by law.
  4. Issuing subpoenas: Commissioners have the power to issue subpoenas, which compel witnesses to attend CCMA proceedings and provide relevant information or documents. Subpoenas can be used to gather evidence or compel the presence of witnesses during hearings.
  5. Presiding over hearings: Commissioners preside over CCMA hearings and have the authority to manage the proceedings, maintain order, and ensure fair and impartial treatment of all parties involved. They have the power to hear evidence, question witnesses, and make determinations based on the presented information.
  6. Referral to other authorities: In certain circumstances, commissioners may refer cases to other authorities or institutions when they believe the matter falls outside their jurisdiction or when alternative dispute resolution methods may be more appropriate.

It’s important to note that the powers and functions of CCMA commissioners may be subject to changes in legislation or regulations. For the most up-to-date information, it is advisable to consult the relevant labor laws or official CCMA resources.

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