Commission for Conciliation, Mediation and Arbitration (CCMA)
Johannesburg, Gauteng
Address
28 Harrison Street, Johannesburg, 2001
Phone
011 377 6600
Matters Heard
- Unfair dismissal disputes
- Unfair labour practice disputes
- Wage and benefit disputes referred for conciliation
- Retrenchment (Section 189) consultations and facilitation
- Mutual interest disputes and organisational rights disputes
About 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.
What to expect
- Referrals must generally be lodged within 30 days of a dismissal (or the act complained of) - later referrals need a condonation application explaining the delay.
- Conciliation happens first: a commissioner tries to help both sides reach a settlement. Only if that fails does the dispute proceed to arbitration (for most dismissal and unfair labour practice matters) or to the Labour Court (for automatically unfair dismissals and a small number of other categories).
- Legal representation at arbitration is restricted by CCMA rules in some dismissal disputes - check before assuming an attorney can appear on your behalf.
- An arbitration award is binding and can be made an order of the Labour Court for enforcement if the other side doesn't comply voluntarily.
- The CCMA also runs a dedicated process for large-scale retrenchments (Section 189A facilitation) for employers above a certain size, separate from its ordinary conciliation and arbitration case flow.
Related practice areas
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