How long does a CCMA case take?

Generally a date for arbitration is provided by the CCMA within 21 days after Conciliation is heard. After the hearing, wait for the ruling from the CCMA. The commissioner will make a final and binding decision, called an arbitration award, within 14 days.

How do you win a CCMA case?

How long do I have to go to CCMA?

In the case of an unfair dismissal dispute, you have only 30 days from the date on which the dispute arose to open a case, if the case is an unfair labour practice, you have only 90 days and, with discrimination cases, you have six months.

What happens after CCMA?

The CCMA has made a financial or monetary arbitration award in favour of an employee. An arbitration award is final and binding – although it is not an Order of the Labour Court, it may be enforced (subject to certain procedures being complied with) as if it were an order of the Labour Court.

How does the CCMA resolve disputes?

When it comes to the objective resolution of an employee/employer dispute, the CCMA is mandated to: Try to resolve disputes through conciliation (finding a compromise between the two parties) or arbitration (acting as the objective third party to resolve the dispute) Help in forming workplace forums.

[L101] The 4 major stages of EVERY CCMA CASE: South African Labour law Specialist

Who pays the cost of arbitration?

In most cases, the parties to an arbitration divide the cost of the arbitrator's fees and expenses evenly – that is, each pays half.

Do I need a lawyer for CCMA?

You don't need an attorney and/or labour consultant to refer a dispute to the CCMA for conciliation; By approaching a labour lawyer to complete the forms on your behalf will not necessarily improve your chances of succeeding, nor will it guarantee success of your case.

Can CCMA award costs?

The fee is between R750 and R1500 for each day or part thereof. The CCMA may charge an employer with an arbitration fee in dismissal matters relating to conduct / capacity where the commissioner finds that a dismissal is procedurally unfair in terms of s140(2) – in addition to the provisions of s194(1).

What happens if you lose in arbitration?

If the party that lost the arbitration either chooses to accept the award or is also unsuccessful in the challenge, the award will need to be enforced. In many cases, the parties that agreed to arbitration will just follow the award and pay the money that was required.

How do I track my CCMA case?

Track and trace the status of your case with the CCMAConnect App. Search 'CCMAConnect' on your app store to download. Dear Users, thank you for bringing this to our attention. Engineers are working around the clock to restore the App to functionality.

Can you go to CCMA if you resign?

As such, if the employee resigns, there has been no dismissal, and the employee cannot claim that he/she was unfairly dismissed, and the Commission for Conciliation, Mediation and Arbitration (CCMA) which adjudicates claims for (amongst other things) unfair dismissal, actually has no legal authority to entertain a ...

How much can I claim unfair dismissal?

One and a half weeks' pay for each year of employment after age 41; One week's pay for each year of employment between ages 22 and 40; Half a week's pay for each year of employment under the age of 22.

Can a candidate attorney appear at the CCMA?

Legal practitioners and candidate attorneys do not have an automatic right of appearance at any of the CCMA processes.

What kind of cases will the CCMA make decisions about?

If you are an employee in dispute with your employer, or vice versa, over matters such as: dismissals; wages and working conditions; workplace changes; or.

How do employers prepare for CCMA cases?

What happens when you win an unfair dismissal case?

If a dismissal is found to be unfair, the worker will be able to get reinstated or re-employed, or get compensation money. Reinstatement means the worker gets the job back as if she or he was never dismissed. Re-employment means the worker gets the job back, but starts like a new worker.

Who usually wins in arbitration?

The study found that in claims initiated by consumers: Consumers were more likely to win in arbitration (44 percent) than in court (30 percent).

How long does it take for an arbitrator to make a decision?

How long does it take. You can usually expect to hear the arbitrator's decision within 45 days of the arbitrator closing the proceedings. However, this timescale is usually set by agreement between you, the other party and the arbitrator.

Who goes first in arbitration?

The order of proceeding is determined by the arbitrator. Usually the party with the burden of proof will proceed first to call witnesses and give closing argument. In discipline and discharge cases, the employer will proceed first and present the reasons to justify the discipline.

What does CCMA in Favour of employer Award mean?

The effects of this ruling mean that, as it stands, once Employers do not make payment to Employees as awarded, the Employee can approach the CCMA and apply to have the award certified. If all is in order, the CCMA will then submit the certified award to the Sheriff or his/her Deputy for execution.

Who funds the CCMA?

The Department of Employment and Labour has gone out of its way to source funding for the CCMA: Sixteen Million (R16M) was secured from NEDLAC and was transferred to the CCMA. Three Million (R3-million) was sourced from the Strengthen Civil Society Fund to augment the CCMA budget; and.

What is an unfair dismissal in South Africa?

WHAT IS UNFAIR DISMISSAL? Unfair dismissal is the termination of employment without good cause or a fair procedure or both. The principle of “fairness” is unique to labour law. It's not applied in other areas of law such in the laws of contract, property, finance, etc. They apply the principle of “lawfulness”.

Do I get paid if I appeal a dismissal?

We recommend that if an employee appeals against their dismissal, the employer's policy, or letter acknowledging that appeal, makes it clear that, if successful, it will overturn the dismissal and the employee will be receive all back pay and the benefit of all other terms of their contract of employment.

What is a default award from the CCMA?

A default award is one that is made by a CCMA arbitrator despite the fact that one of the parties to the dispute failed to attend the arbitration hearing. Arbitrators have the power to make default awards under certain conditions, and overturning such awards is very difficult.

What matters can the CCMA hear?

The CCMA is an independent body, set up by legislation, which resolves labour disputes by way of conciliation or arbitration. What labour matters can the CCMA hear? The CCMA has jurisdiction throughout South Africa. This means it can hear labour matters from any part of South Africa.