ccma forms | what is ccma and when to refer a dispute

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What is the CCMA?

The CCMA stands for the Commission for Conciliation, Mediation and Arbitration. The CCMA is a body set up to assist employers and employees resolve disputes which arise in the workplace. The rules of the CCMA are governed by the Labour Relations Act which clearly states that;

“Every employee has the right not to be unfairly dismissed and subjected to unfair labour practice.”

Who can refer a dispute?

If you are an employee having a dispute with your employer, or vice versa, you can refer the dispute to the CCMA.

It is generally easy to determine who the employer is, however it can be challenging to determine whether a person is considered an employee.

The Labour Relations Act includes a provision detailing who is presumed to be an employee and states that if any one or more of the following conditions exist, the person is considered to be an employee;

  1. The manner which the person works is subject to the control or direction of another person;
  2. The persons hours of work are subject to the control or direction of another person;
  3. If the person works for an organisation and the person is considered to form part of that organisation;
  4. The person worked for the other person for an average of 40 hours per month over the last 3 months;
  5. The person is economically dependent on the other person;
  6. The person is provided with the tools of trade or work equipment by the other person; or
  7. The person only works or renders services to one person.

What types of disputes can be referred 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
  • Either party feels they have been discriminated against.

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