What cases go to CCMA?

Last Updated on September 21, 2023 by ufiling

In South Africa, the Commission for Conciliation, Mediation, and Arbitration (CCMA) is a statutory body that deals with various labor disputes and employment-related matters. The CCMA’s primary objective is to promote fair and effective dispute resolution in the workplace. Here are some of the cases that may be referred to the CCMA:

  1. Unfair dismissals: If an employee believes they were unfairly dismissed, they can refer the matter to the CCMA for arbitration or conciliation.
  2. Unfair labor practices: This includes cases where an employer is alleged to have committed an unfair labor practice, such as unilateral changes to terms and conditions of employment, unfair promotions, or unfair disciplinary actions.
  3. Unfair discrimination: If an employee believes they have been discriminated against based on a prohibited ground such as race, gender, disability, or religion, they can bring a complaint to the CCMA.
  4. Disputes about wages, working hours, or conditions of employment: Matters related to payment of wages, overtime, leave, or any other working conditions that have led to a dispute between an employer and an employee can be referred to the CCMA.
  5. Interpretation or application of collective agreements: When there is a disagreement or dispute regarding the interpretation or application of a collective agreement between an employer and a registered trade union, the matter can be referred to the CCMA.
  6. Resolving disputes during retrenchment processes: If an employer intends to retrench employees, they are required to consult with affected employees or their trade union. If disputes arise during the retrenchment process, they can be referred to the CCMA.
  7. Disputes arising from the Basic Conditions of Employment Act (BCEA) or other labor legislation: The CCMA has jurisdiction over disputes arising from various labor laws, including the BCEA, which sets out minimum standards for employment.

It’s important to note that the CCMA has specific processes and time limits for referring cases, and it is advisable to seek legal advice or consult the CCMA directly for detailed information on the specific circumstances of your case.

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