The Commission for Conciliation, Mediation and Arbitration (CCMA) is a vital institution for resolving workplace disputes. However, navigating the CCMA process can be daunting, especially for first-time users. 

In this blog post, we'll provide a step-by-step guide to help employees, employers, and practitioners navigate the CCMA process with confidence.

Step 1: Pre-Conciliation

File a referral form (LRA Form 7.11) with the CCMA. The referral form must also be served on the other party in the prescribed manner. 

The CCMA may attempt to resolve the dispute through a process known as “pre-conciliation” by contacting the parties and attempting to obtain a resolution without the need for the parties to attend the CCMA. 

If the CCMA is unable to resolve the dispute through “pre-conciliation” proceedings, the dispute will be set down for a conciliation hearing. 

Step 2: Conciliation:

Conciliation is an informal process whereby the commissioner facilitates the proceedings. The parties are free to discuss the issues in dispute so as to reach a possible settlement of the dispute. The discussions which are held during conciliation proceedings are without prejudice. This means that same cannot be used against another party at a later stage, if the dispute is not resolved.

The commissioner may have a discussion with either or both of the parties in the absence of the other party. 

Should the parties reach a settlement, the terms thereof will be reduced to writing in the form of a settlement agreement. This then resolves the dispute. 

If the parties are unable to reach a settlement, the commissioner will issue a certificate of non-resolution of the dispute. Depending on the type of dispute, the Applicant party will be permitted to refer the unresolved dispute to arbitration. 

Step 3: Arbitration

Arbitration is a formal process. The function of the commissioner is to determine the outcome of the dispute by issuing a ruling, or award. 

The parties are required to lead evidence by presenting documents, videos, recordings, and calling witnesses. Each party will be permitted to provide their version of events, and to present their own evidence. The opposing party will have an opportunity to cross examine any witnesses which are called by the opposing party. 

Once both parties have led their evidence, and closed their respective cases, a closing argument is presented which summarises the key aspects which were raised during the evidence of the parties. 

The commissioner will then consider all of the evidence which is presented and make a determination. The determination will be issued within 14 (fourteen) days of the date of the hearing. Parties are bound by the decision of the commissioner. 

Should a party fail to adhere to the award, the other party will be able to apply to the Labour Court for the certification of the award. When the award is certified, it has the effect of being a Labour Court decision. As such, the other party will be able to enforce the award through execution proceedings. 

Additional Tips and Considerations:

Ensure you meet the CCMA's jurisdictional requirements;

Gather all relevant evidence, documents, and witnesses;

Be prepared to present your case clearly and concisely;

Consider seeking legal advice or representation; and

Be open to negotiation and settlement.

Closing Remarks:

Navigating the CCMA process requires a clear understanding of the steps involved and the legal framework that governs it. By following this step-by-step guide, parties can effectively navigate the CCMA and resolve workplace disputes efficiently and fairly. Remember to stay informed, prepare thoroughly, and seek guidance when needed.

Should you require guidance or assistance in understanding CCMA procedures, or aspects related thereto, Quid Nunc Consulting is here to provide reliable and comprehensive human capital solutions tailored to your business needs. 

Contact us at info@qnc.co.za or give us a call at 067 402 0231 to learn more about how we can support your organisation's success.