CCMA - Commission for conciliation, mediation and arbitration
The CCMA is an independent body that aims to promote fair labour practices by resolving labour disputes between employees and employers.
CCMA stands for the Commission for Conciliation, Mediation and Arbitration.
Conciliation means to mediate between two disputing parties or groups.
Mediation means intervention in a dispute to resolve it.
Arbitration means a hearing and determining of a dispute or the settling of differences between parties by a person.
What is the CCMA
What is the purpose of the CCMA?
The purpose of the CCMA is to mediate between the disputing parties or groups (the employees and employers) and intervene in the dispute in an attempt to resolve the dispute. If the dispute still remains unresolved a Commissioner of the CCMA is then to hear and determine the dispute and attempt to settle the differences between the parties.
main functions of the CCMA
- To attempt to resolve any dispute referred to it in terms of The Labour Relations Act through conciliation.
- Arbitrate the dispute if required or if the dispute remains unresolved after conciliation or if any party has specifically requested that the dispute be resolved through arbitration.
The CCMA must attempt to resolve disputes referred to them either through conciliation or arbitration.
- When a dispute has been referred to the CCMA, it must appoint a Commissioner to attempt to resolve the dispute through mediating and conciliation.
- The Commissioner must determine an appropriate process to attempt to resolve the dispute and this may include:
WHAT HAPPENS AFTER CONCILIATION?
- Issue a certificate stating if the dispute has been resolved or not
- Serve a copy of that certificate to each party to the dispute or their representatives.
- File the original certificate with the CCMA
Arbitration is the hearing and determining of the dispute and an attempt to settle the difference between the parties by a Commissioner.
During arbitration the Commissioner may decide on the most appropriate way to conduct the arbitration to resolve the dispute as fairly and as quickly as possible with the least legal formalities.
A party to a dispute may during arbitration:
- Give evidence
- Call witnesses and question witnesses of any other party
- Address concluding or closing arguments to the Commissioner.
REPRESENTATION AT THE ccma
A party to a dispute may appear in person or may be represented by a legal practitioner, a co-employee or a member, office bearer or official of the party's trade union or the employer's organization, and in the case of a juristic person (a company or organization), by a director or an employee.
award and findings at the CCMA
Kontak Recruitment is a leading recruitment agency in South Africa
What is the CCMA
What is conciliation
How does the CCMA work
What is arbitration
What does the CCMA do