The Commission for Conciliation Mediation and Arbitration (“CCMA”) was established by the Labour Relations Act, 66 of 1995. The CCMA specifically exists as a speedy and cost-effective forum for labour disputes to be dealt with. Because of the relative ease associated...
A Default Award is usually made by a Commissioner where one party was absent to the arbitration proceedings. This means that the Commissioner will only hear the evidence of the attending party and make a ruling in his/her favour, depending on the evidence and facts....
An Arbitration Award made by a Commissioner is binding and final. The Labour Relations Act (the “LRA”) does not allow a party to appeal against an arbitration award, but in terms of Section 145 of the LRA the Award may be taken on review. 1. What is an...
In this article, we highlight 3 things to consider when settling a dispute at the CCMA. Settling a dispute at the CCMA can be a good way to resolve any problems between an employer and employee. However, it often happens that both parties are willing to resolve the...
While the process of conciliation and arbitration may look the same at first glance, these subjects have various differences between them. These differences are: Conciliation: The first stage of resolution. The Commissioner meets with the parties in dispute and...
When do you dismiss an employee? This is the one question that an employer needs to ask when facing a situation where they are faced with a possible dismissal. It is very important to remember that an employee cannot be dismissed for no valid reason. Dismissal...
When an employer wishes to dismiss an employee there are certain factors that need to be taken into consideration. An employer cannot merely dismiss an employee on a whim. The employer needs to adhere to the Labour Relations Act and the prescribed procedure...
Referring a dispute to the Commission for Conciliation, Mediation and Arbitration [CCMA] can seem difficult when you have never been to the CCMA. This article will summarise the basics that you need to know to be able to refer your matter. When considering the CCMA,...
When you have attended the conciliation process and the matter could not be resolved, it must be referred to Arbitration. It is important to note that the matter must be referred to Arbitration within 90 [ninety] days from the date that the Certificate of Outcome was...
