Jurisdiction of the CCMA in South Africa: A Comprehensive Guide

The Commission for Conciliation, Mediation and Arbitration (“CCMA”) is an important institution in the South African labour law landscape. The CCMA plays a critical role in resolving disputes between employers and employees and its jurisdiction is defined by law. It is essential for both employers and employees to understand the CCMA's jurisdiction and when it applies. In this article, we will provide a comprehensive guide to the jurisdiction of the CCMA in South Africa

What is the CCMA?

In South Africa, the CCMA stands for the Commission for Conciliation, Mediation and Arbitration. The CCMA is a statutory body established under the Labour Relations Act (“LRA”) in South Africa and is responsible for resolving disputes that arise between employers and employees, promoting social justice and promoting the effective resolution of labour disputes.

CCMA Jurisdiction

The CCMA has jurisdiction over a range of labour disputes, including:

• Unfair dismissal claims

• Unfair labour practices

• Disputes about terms and conditions of employment

• Allegations of discrimination or harassment

• Disputes about severance pay or retrenchments

• Disputes about organizational rights

• Disputes about strikes and lockouts

However, the CCMA does not have jurisdiction over disputes that fall outside of the scope of the LRA, such as criminal matters or disputes between independent contractors.

Both employers and employees are entitled to approach the CCMA to resolve work place disputes.

CCMA Procedures

When a dispute falls within the CCMA's jurisdiction, the parties can refer the dispute to the CCMA for resolution. The CCMA offers a range of dispute resolution procedures, including conciliation, mediation and arbitration. The procedures are designed to be accessible, efficient, and cost-effective and the CCMA aims to resolve disputes as quickly as possible.

CCMA Awards and Decisions

When the CCMA resolves a dispute, it may make an award or decision. An award is a binding decision that is enforceable in a court of law, while a decision is a non-binding recommendation. Awards and decisions may include remedies such as reinstatement, compensation or the amendment of terms and conditions of employment.

CCMA vs. Bargaining Councils?

If the parties to the dispute are members of a sector specific bargaining council, then the dispute in question must be referred to the appropriate bargaining council and not to the CCMA.

In some instances, disputes are referred to the CCMA, despite the fact that the parties to the dispute are members of a bargaining council. However, our Courts have held that where a dispute is referred to the CCMA, the matter may not proceed before the CCMA once it is ascertained and/or established that the parties are parties to a bargaining council or fall within the registered scope of a bargaining council, until the options set out in section 147(2) and (3) have been exercised by the CCMA. Once that is ascertained, it is then for the CCMA or its delegate (and not the Commissioner hearing the matter when this was ascertained) to determine whether to refer the matter to the bargaining council or to appoint a Commissioner to determine the dispute or if one has already been appointed, to confirm his or her appointment.

Conclusion

The CCMA is an important institution in the South African labour law landscape and its jurisdiction is defined by law. By understanding the CCMA's jurisdiction and procedures, employers and employees can ensure that they are aware of their legal rights and obligations. The CCMA's dispute resolution procedures are designed to be accessible, efficient, and cost-effective, and its awards and decisions can provide important remedies for labor disputes. Employers and employees should seek legal advice if they are unsure about the CCMA's jurisdiction or procedures.

Our highly experienced labour lawyers are able to assist you with all of your employment and labour disputes.