What matters can the CCMA hear?

The CCMA must make a finding as to whether or not employee is guilty of misconduct or incapacity. The same procedure followed in a disciplinary hearing is followed in a pre-dismissal arbitration hearing. The dismissal must be for a fair reason and must be effected by a fair procedure.

What disputes can be referred to the CCMA?

If you are an employee in dispute with your employer, or vice versa, over a matter such as: dismissal. wages and working conditions. workplace changes, or. discrimination.

When he needs to refer the matter to the CCMA?

Any employer / employee may refer a dispute to the CCMA for any one or more of the following types of disputes; The employee has been dismissed and the dismissal is deemed unfair; Any unfair labour practice including inter alia, promotion, demotion, unfair suspension etc; or.

What constitutes an unfair labour practice?

An unfair labour practice means any unfair act or omission that arises between an employer and an employee, involving: the unfair conduct of the employer relating to the promotion, demotion or training of an employee or relating to the provision of benefits to an employee.

What is the process when a matter is referred to the CCMA?

The commissioner's role is to try to resolve the dispute within 30 days of it being referred to the CCMA. If the dispute is settled, an agreement will normally be drawn up and that ends the matter. The commissioner will issue a certificate recording that the dispute has been settled, or not.

[L130] HOW TO WIN A CCMA CASE FOR UNFAIR DISMISSAL

How can an employer win a CCMA case?

How do employers prepare for CCMA cases?

What are the 5 fair reasons for dismissal?

What can I do if I feel I'm being treated unfairly at work?

What is an example of unfair dismissal?

Examples of unfair dismissal include termination because of a pregnancy or maternity leave. In order to be protected an employee must have been employed for at least one full year at the time of the dismissal.

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 long does a CCMA hearing take?

The commissioner will make a final and binding decision, called an arbitration award, within 14 days. So taking above into account, a CCMA case in South Africa takes between 10-12 weeks to be finalised – provided that there are no postponements or interruptions to the case.

How do you challenge unfair dismissal?

What can the CCMA not do?

In terms of the Act, the CCMA may not adjudicate the following disputes: Disputes over the non-payment of salaries (below a certain threshold). These disputes must be referred to the Department of Labour. Disputes covered by Collective Agreements, Bargaining Councils, or private dispute resolution bodies.

When should I contact CCMA?

If it is an unfair labour practice dispute, refer your dispute to the CCMA within 90 days of the unfair labour practice or within 90 days of you becoming aware of what you believe is an unfair labour practice. The 30 or 90 days are calculated by counting all days, including weekends and public holidays.

How much compensation will I get for unfair dismissal in South Africa?

The worker can get up to 12 months' wages as compensation for an unfair dismissal (procedural or substantive unfairness). Compensation for an unfair labour practice claim is limited to 12 months remuneration. If it was an automatically unfair dismissal the worker could get up to 24 months' wages as compensation.

What are the 4 types of discrimination?

How do you prove employment discrimination?

This requires a plaintiff to first establish a prima facie case of employment discrimination by demonstrating that she: (1) is a member of a protected class; (2) met her employer's legitimate job performance expectations; (3) suffered an adverse employment action; and (4) another similarly situated employee outside of ...

What is an unfair situation?

an unfair situation is one in which the people involved are not all treated equally or do not all have the same opportunities and advantages.

What are examples of gross misconduct?

What is classed as gross misconduct?

There is no strict legal definition of gross misconduct. But the Government defines gross misconduct as "theft, physical violence, gross negligence, or serious insubordination". But it can also refer to staff behaviour that destroys the relationship between you and the employee.

Can you get fired for anxiety?

The Americans with Disabilities Acts (ADA) protects employees from discrimination based on a disability—including mental illnesses like depression or anxiety.

How do you prove unfair dismissal in South Africa?

THE ONUS OF PROOF: PROVING THE FAIRNESS OF DISMISSAL

The employer bears the onus in a misconduct case to prove that the dismissal was substantively fair and procedurally fair. The employer must produce evidence of sufficient weight to discharge the onus on a balance of probabilities.

Can a lawyer represent you at CCMA?

With any other type of dismissal or dispute, legal representation is automatically allowed. However, legal representation at the CCMA is not allowed during conciliation proceedings.

How do you win an arbitration hearing?

Try to sum up some key points in phraseology the arbitrator will remember. If you have compelling evidence, mention it. If your opponent has some evidence that hurts you but is not fatal, take the sting out by mentioning it and citing other evidence that puts it in the least harmful light.