Navigating Workplace Disputes: Role of CCMA and Sector Specific Bargaining Councils

In South Africa, the Commission for Conciliation, Mediation and Arbitration (“CCMA”) plays a pivotal role in resolving workplace disputes. However, understanding when to approach the CCMA and when a sector-specific bargaining council is involved is crucial for both employers and employees.

Scope of Disputes Handled by CCMA

The CCMA addresses various types of workplace disputes, including but not limited to:

• Unfair dismissals.

• Unfair labor practices.

• Discrimination issues.

• Freedom of association disputes.

• Organizational rights conflicts.

• Collective agreements.

• Mutual interest concerns.

Role of Bargaining Councils

Mandatory Referral to Bargaining Councils

• Disputes involving parties who are members of a sector-specific bargaining council must be referred to the respective council, not the CCMA.

Case Study: Nehawu obo Kgekwane v Department of Developmental Planning

Key Observations from the Labor Appeal Court (LAC)

• Disputes Wrongly Referred to CCMA: The LAC noted that if a dispute is initially referred to the CCMA, it should not proceed until it is ascertained whether the parties fall within a bargaining council.

• Procedure Upon Ascertainment: Once established that the parties are part of a bargaining council:

  • The CCMA must decide whether to refer the matter to the bargaining council.

  • Determine if a Commissioner should be appointed to resolve the dispute.

  • Confirm the appointment of an already assigned Commissioner, if applicable.

Legal Advice and Assistance

Understanding the correct forum for dispute resolution in employment matters is essential. Our law firm offers expertise in employment law, guiding clients through the process of dispute resolution, whether at the CCMA or through a bargaining council.

Conclusion

The correct referral of workplace disputes is essential for effective and lawful resolution. Employers and employees must be aware of the intricacies involved in choosing the appropriate forum, be it the CCMA or a sector-specific bargaining council. For guidance on employment law rights and assistance in handling workplace disputes, please contact our law firm. Our experienced attorneys are ready to provide you with expert legal support.