Last Updated on September 21, 2023 by ufiling
The CCMA (Commission for Conciliation, Mediation, and Arbitration) is a South African institution that aims to promote fair labor practices and resolve disputes in the workplace. While the CCMA can handle a wide range of labor-related cases, there are certain situations where its jurisdiction is limited. Here are three cases that the CCMA generally cannot solve:
- Criminal cases: The CCMA does not have the authority to deal with criminal matters. If an employee has committed a criminal offense, such as theft or assault, the appropriate forum for addressing such cases would be the criminal justice system, including the police and the courts.
- Discrimination cases outside of labor laws: The CCMA primarily focuses on resolving disputes related to labor legislation, such as unfair dismissals, unfair labor practices, or wage disputes. It does not have the mandate to handle cases involving discrimination based on factors not covered by labor laws, such as discrimination related to race, gender, religion, or sexual orientation in areas like housing, public services, or education. These types of discrimination cases would typically fall under the jurisdiction of other bodies, such as the South African Human Rights Commission or specialized equality courts.
- Disputes involving non-employees: The CCMA’s jurisdiction is limited to resolving disputes that involve employees and employers. It does not have the authority to mediate or arbitrate conflicts between parties who are not in an employer-employee relationship. For example, disputes between suppliers, clients, or contractors would generally fall outside the scope of the CCMA’s jurisdiction.
It’s important to note that while these are general limitations of the CCMA, there may be exceptions or specific circumstances where the CCMA’s involvement can be sought or where other bodies can provide guidance and support.