Which cases are referred to CCMA?

The CCMA (Commission for Conciliation, Mediation, and Arbitration) is a South African statutory body that deals with labor disputes and promotes fair and effective dispute resolution in the workplace. The CCMA is responsible for resolving disputes that fall within its jurisdiction. Here are some common cases that are typically referred to the CCMA:

  1. Unfair dismissals: If an employee believes they were unfairly dismissed by their employer, they can refer the matter to the CCMA for resolution.
  2. Unfair labor practices: This includes cases where an employer engages in conduct that is deemed unfair or detrimental to the rights or interests of an employee or trade union, such as unfair promotions, demotions, or unfair disciplinary actions.
  3. Unfair labor practices related to collective bargaining: If there are disputes regarding the interpretation or implementation of collective agreements, or allegations of unfair labor practices during collective bargaining, they may be referred to the CCMA.
  4. Disputes over wages, salaries, and conditions of employment: Any disagreements or disputes between employers and employees related to remuneration, benefits, working hours, or other conditions of employment can be referred to the CCMA.
  5. Discrimination and harassment cases: The CCMA handles cases involving allegations of unfair discrimination or harassment based on various grounds, including race, gender, disability, age, religion, or sexual orientation.
  6. Retrenchments: If an employer plans to retrench a significant number of employees, they must consult with the affected employees or their representatives. Disputes arising from the retrenchment process, such as the fairness of the selection criteria or the adequacy of the consultation process, can be referred to the CCMA.
  7. Disputes arising from workplace changes: When an employer proposes changes that may affect employees’ terms and conditions of employment, such as restructuring, mergers, or transfers, and disputes arise regarding these changes, they may be referred to the CCMA.
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It’s important to note that this list is not exhaustive, and there may be other cases that fall within the jurisdiction of the CCMA. The CCMA provides a platform for parties to engage in conciliation, mediation, and arbitration to resolve their disputes before resorting to formal litigation.

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