Commissions
The Commission for Conciliation, Mediation and Arbitration (CCMA) is a statutory dispute-resolution body established under the Labour Relations Act 66 of 1995 - it is not a court, and its commissioners are not judges, though its arbitration awards carry the force of a court order once made an order of the Labour Court. For most South African employees, the CCMA is the first and often only stop for a dismissal, unfair labour practice, or unpaid-wages dispute: referral is free, no attorney is required, and conciliation is attempted before any arbitration hearing.
The CCMA operates through a head office and provincial offices across the country, referrals are made online, by fax, or in person, and the process is designed to be usable without legal representation - though larger or more complex disputes often still involve one.
Beyond individual dismissal and unfair-labour-practice disputes, the CCMA also facilitates collective bargaining council functions where no bargaining council exists for a sector, conducts workplace ballots for protected strike action, and offers pre-dismissal arbitration and dispute-prevention services (facilitation, training) that some employers and unions use to head off a formal dispute before it starts.
Frequently asked questions
Is the CCMA a court?
No. It is a statutory commission, and its commissioners are not judges - but a CCMA arbitration award is legally binding and enforceable in the same way a court order is once it has been made an order of the Labour Court.
Do I need to pay to refer a dispute to the CCMA?
No, referring a dispute to the CCMA is free. Legal or trade union representation, where you choose to use it, is a separate cost.
What happens if I miss the CCMA's 30-day deadline?
You can apply for condonation - permission to refer the dispute late - explaining the reason for the delay. The commissioner weighs the length of the delay, the reason for it, and the prospects of success before deciding whether to allow it.