CCMA South Africa: What It Is and How It Works
The <strong>Commission for Conciliation, Mediation and Arbitration (CCMA)</strong> is an independent statutory body established under section 112 of the <strong>Labour Relations Act 66 of 1995</strong>. It provides a free, accessible dispute resolution service for employees and employers. The CCMA resolves disputes about unfair dismissals, unfair labour practices, mutual interest disputes, and retrenchments. It is one of the busiest dispute resolution bodies in the world, handling over 180 000 cases annually.
What Does the CCMA Do?
The CCMA resolves labour disputes through three main processes: conciliation, arbitration, and advisory arbitration. It also facilitates the establishment of workplace forums, certifies collective agreements, and provides training and advice on workplace rights.
- Conciliation — a commissioner facilitates a settlement between the parties. Proceedings are informal and confidential. If no settlement is reached, the commissioner issues a certificate of non-resolution.
- Arbitration — where conciliation fails in certain dispute types, the CCMA arbitrates and makes a binding award. The arbitrator is a commissioner who hears evidence and argument and issues a written award.
- Con/Arb — conciliation and arbitration conducted back-to-back in the same sitting, used for dismissal disputes to speed up resolution.
CCMA Jurisdiction: What Disputes Can It Hear?
| Dispute Type | Process at CCMA | Referral Deadline |
|---|---|---|
| Unfair dismissal (misconduct, incapacity) | Conciliation, then arbitration | 30 days from dismissal |
| Automatically unfair dismissal | Conciliation, then Labour Court or arbitration | 30 days from dismissal |
| Constructive dismissal | Conciliation, then arbitration | 30 days from resignation |
| Unfair labour practice (promotion, demotion, benefits) | Conciliation, then arbitration | 90 days from act/omission |
| Retrenchment (unfair retrenchment) | Conciliation, then arbitration or Labour Court | 30 days from dismissal |
| Mutual interest (wage disputes) | Conciliation only — if unresolved, strike or lock-out may follow | No strict deadline |
| Severance pay disputes | Conciliation, then arbitration | 30 days |
The CCMA is a completely free service for employees and employers. There are no filing fees, no representation fees, and no administrative charges.
Who Can Use the CCMA?
The CCMA is available to employees as defined in the LRA. This includes permanent, fixed-term, and casual workers. Independent contractors are generally not employees and cannot use the CCMA. Domestic workers are employees and may use the CCMA.
Employers may also refer certain disputes — for example, a dispute about the interpretation of a collective agreement.
Lawyers at the CCMA
As a general rule, legal practitioners may not represent parties at CCMA conciliation or arbitration proceedings. Employees are usually represented by a trade union official, and employers by a manager or HR professional. However, section 140(1) of the LRA allows legal representation if both parties consent, or if the commissioner determines that it would be unreasonable to expect a party to proceed without legal representation given the complexity of the matter.
CCMA Awards and Remedies
When the CCMA finds that a dismissal was unfair, the commissioner may order:
- Reinstatement — the employee is returned to their job as if they were never dismissed (the preferred remedy under the LRA)
- Re-employment — the employee is re-employed in a different but comparable position
- Compensation — where reinstatement is not appropriate, the commissioner may award up to 12 months' remuneration for ordinary unfair dismissal, or up to 24 months for automatically unfair dismissal
Enforcing a CCMA Award
A CCMA arbitration award can be made an order of the Labour Court or, where the award is for a money amount only, of the Magistrate's Court. Once certified, it can be enforced like any civil judgment.
CCMA national helpline: 0861 16 2622. Operating hours: Monday to Friday 08:00–16:30.
CCMA Offices Nationwide
| Province | City | Address |
|---|---|---|
| Gauteng | Johannesburg (Head Office) | 28 Harrison Street, Johannesburg, 2001 |
| Gauteng | Pretoria | Cnr Pretorius & Van der Walt Streets, Pretoria |
| Western Cape | Cape Town | 78 Darling Street, Cape Town, 8001 |
| KwaZulu-Natal | Durban | 370 Anton Lembede Street, Durban, 4001 |
| Eastern Cape | Gqeberha | Eben Dönges Building, Gqeberha |
| Limpopo | Polokwane | Azmo Place, Polokwane |
| Mpumalanga | Nelspruit | 30 Brown Street, Nelspruit |
| North West | Mahikeng | 22 Martin Street, Mahikeng |
| Free State | Bloemfontein | 49 Charlotte Maxeke Street, Bloemfontein |
| Northern Cape | Kimberley | Tribal Building, Kimberley |