CCMA

1. What is conciliation?

At conciliation, the commissioner will assist parties to find a solution to settle the dispute between them.

2. What is arbitration?

At arbitration, you must prepare your argument and evidence and make sure that all your witnesses are present. After hearing both parties’ evidence, the commissioner will issue a binding arbitration award within 14 days after the hearing.

3. What is a Con/Arb?

When a dispute is scheduled for a Con/Arb, it means that on the date given to both parties, the commissioner will first try and assist the parties with conciliation. If the conciliation fails, the arbitration will proceed immediatly after such conciliation. Con/Arb is thus a speedy, fair and cost saving process and it means that your dispute could be finalised within 30 days of the date it was referred to the CCMA.

4. Who may represent me at the CCMA?

At conciliation, a party to the dispute may appear in person or may be represented by any member, office bearer or official of the party’s registered trade union or registered employers’ organisation. Such party may also be represented by a director or an employee of that party.
Legal representation is not allowed at conciliation under any circumstances.

At arbitration, if your dispute is about a dismissal involving misconduct, incapacity ill-health or incapacity poor work performance, legal representation will only be allowed if the commissioner and all other parties agree or if the commissioner decides that it would be unreasonable for you to proceed without such representation. A legal practitioner may represent you at all other arbitration hearings.