When can an employee go to the CCMA?

An employee can go to the Commission for Conciliation, Mediation, and Arbitration (CCMA) under certain circumstances related to employment disputes. Here are the typical situations where an employee can approach the CCMA:

  1. Unfair dismissal: If an employee believes they were dismissed unfairly, they can refer the matter to the CCMA for resolution.
  2. Unfair labor practices: This includes issues such as unfair promotions, demotions, transfers, or disciplinary actions.
  3. Disputes regarding terms and conditions of employment: If there is a disagreement between the employee and the employer regarding aspects like wages, working hours, leave, or other contractual conditions, the employee can approach the CCMA.
  4. Discrimination: When an employee alleges unfair treatment based on attributes such as race, gender, religion, age, or disability, they can seek recourse through the CCMA.
  5. Disputes arising from collective agreements: If there is a dispute related to a collective agreement reached between a trade union and an employer, the CCMA can assist in resolving the matter.
  6. Dispute resolution under specific legislation: The CCMA also deals with disputes that arise from legislation like the Basic Conditions of Employment Act or the Labour Relations Act.

It’s important to note that before approaching the CCMA, the employee should generally attempt to resolve the dispute through internal workplace procedures or engage in conciliation or mediation if available. The exact rules and procedures may vary, so it’s advisable to consult the CCMA or seek legal advice to ensure the correct course of action based on the specific circumstances.

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