The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent dispute resolution body established in terms of the Labour Relations Act (LRA). Understanding the CCMA process is crucial for all South African employers.
What is the CCMA?
The CCMA was established to promote labour peace and social justice in the workplace. It provides a cost-effective and accessible forum for resolving labour disputes without the need for expensive legal representation.
Types of Disputes
The CCMA handles various types of disputes including unfair dismissal disputes, unfair labour practice disputes, disputes about organizational rights, and disputes arising from collective agreements.
The Conciliation Process
When a dispute is referred to the CCMA, it first goes through conciliation. A CCMA commissioner facilitates discussions between the parties to help them reach a settlement.
Best Practices for Employers
To minimize CCMA disputes, employers should follow fair procedures when taking disciplinary action, maintain proper documentation, ensure employment contracts are legally compliant, and seek expert legal advice when dealing with complex matters.