What is conciliation at CCMA?

What is conciliation at CCMA?

Human Resources

As a member of an Employer’s Organisation, HRTorQue Outsourcing has the ability to represent its clients at Conciliations and Arbitrations at the CCMA.

Conciliation is a process held at the CCMA where a commissioner meets with the parties in dispute, and explores ways to settle the dispute by agreement. At this point it is not about who is right and who is wrong. Should the matter settle, neither party walks away having won or lost the case. At conciliation a party may appear in person or be represented by a director or employee of that party or any member, office bearer or official of that party’s registered trade union or registered employer’s organisation. The meeting is conducted in an informal way.

The commissioner may begin by meeting jointly with the parties and asking them to share information about the dispute. Separate meetings between the commissioner and each party may also be held. Parties are encouraged to share information and to come forward with ideas on how their differences can be settled. The commissioner may also put forward suggestions. The question is often asked, “Why go to conciliation and settle?”, especially in situations where the employee was dismissed and dismissed for good and fair reason.

Very often the decision to settle at conciliation is purely a financial one, based on the most economical outcome. For example, to settle with an employee who requests a month’s wages at R1500 per month would be more beneficial versus taking the matter to arbitration. Arbitration may involve bringing witnesses out of the workplace to spend the day or more at CCMA including senior management and executives, preparation time for the arbitration and legal representation. Another major aspect of course rests with the fact that your fate at arbitration lies in the hands of the commissioner and that you may lose the case.

When deciding whether or not to settle at CCMA, ensure that you have considered all the factors whilst the decisions are still in your hands.