Author: Wendy Hlope
As an employer or business owner, receiving a referral to the Commission for Conciliation, Mediation, and Arbitration (CCMA) can be a daunting experience. It is essential therefore to understand the process, the documentation involved, and one’s rights and responsibilities when dealing with such matters. To give you better clarity, we’ve put together some handy pointers below.
What is a CCMA referral?
A CCMA referral is the process through which an employee, or former employee, lodges a dispute against an employer. This typically arises due to issues such as unfair dismissals, unfair labour practices, or disputes related to collective agreements. Employers should take CCMA referrals seriously and ensure they respond appropriately to avoid unnecessary legal risks.
The difference between a 7.11 form and a set-down notification
The CCMA referral process begins when the employee completes and submits a 7.11 referral form. This document serves as an official notice that a dispute has been referred to the CCMA. The form requires the applicant (employee) to provide details such as:
- The nature of the dispute, such as unfair dismissal, unfair labour practice, etc.
- The date of the dispute and when it was referred.
- A brief description of the events leading to the dispute.
- The desired outcome from the CCMA process.
Once the 7.11 form is submitted, the CCMA will review the case and issue a set-down notification. This is an official notice sent by the CCMA, informing both the employer and employee of the date, time, and location of the hearing. This notification serves as confirmation that the matter has been scheduled for conciliation or conciliation-arbitration (con/arb). It is crucial for employers to carefully review this document and prepare for the hearing accordingly.
Understanding the con/arb process
The conciliation-arbitration process is a streamlined procedure designed to resolve disputes efficiently. It combines both conciliation and arbitration into a single sitting, meaning that if conciliation fails, arbitration proceeds immediately.
- Conciliation: This is an informal process where a commissioner facilitates discussions between the employer and employee to reach a mutual agreement. If an agreement is reached, the matter is then resolved.
- Arbitration: If conciliation is unsuccessful, the arbitration phase begins immediately. During arbitration, both parties present their evidence and the commissioner makes a legally binding ruling.
Employers should be aware that if they do not object to con/arb within the prescribed period, they must be prepared to proceed with arbitration on the same day should conciliation fail.
Employer representation at the CCMA
Employers have the right to be represented during CCMA proceedings. However, legal representation is not always permitted in conciliation or in certain arbitration cases unless an application for representation is approved. An alternative option is for employers to be represented by a consultant who falls under the same employers’ organisation.
Representation by a consultant under an employers’ organisation
Employers who are members of a registered employers’ organisation may be represented by a consultant appointed by that organisation. This is beneficial because these consultants are experienced in labour matters and can provide strategic guidance throughout the CCMA process. Employers should ensure that their representative is properly accredited and familiar with CCMA procedures.
Understanding CCMA referrals and the related processes is crucial for employers to handle disputes effectively. By recognising the difference between a 7.11 form and a set-down notification, being prepared for the con/arb process, and ensuring appropriate representation, employers can navigate CCMA matters with confidence. Proper preparation and knowledge of the process can help mitigate risks and ensure a fair and legally sound resolution to workplace disputes.
If you require any assistance with CCMA cases or referrals, please do not hesitate to contact our HR team at [email protected]