Back to: Introduction to the Labour Relations Act (LRA)
7.3 Resolution of Disputes under the CCMA
The Labour Relations Act outlines specific procedures for resolving disputes under the auspices of the CCMA. These procedures are designed to ensure that disputes are resolved efficiently, fairly, and in accordance with the principles of natural justice.
When a dispute arises, any party to the dispute may refer the matter to the CCMA in writing. The referral must be made within the time limits specified in the Act, which vary depending on the nature of the dispute. For example, disputes about unfair dismissals must be referred within 30 days of the dismissal, while disputes about unfair labour practices must be referred within 90 days of the occurrence of the practice.
Upon receiving a referral, the CCMA will appoint a commissioner to handle the case. The commissioner will first attempt to resolve the dispute through conciliation. If conciliation is successful, the parties will sign a settlement agreement, which is binding and enforceable.
If conciliation fails, the dispute may proceed to arbitration, where the commissioner will hear evidence and arguments from both parties and make a binding decision. The arbitration process is less formal than a court proceeding but follows similar principles, including the right to present evidence, cross-examine witnesses, and make legal submissions.
In some cases, the parties may agree to refer the dispute to private arbitration or to another dispute resolution mechanism, such as mediation or facilitation. The CCMA supports these alternative dispute resolution methods and may assist the parties in finding a suitable arbitrator or mediator.
The Labour Relations Act also provides for the review of arbitration awards by the Labour Court. If a party believes that the arbitrator made an error of law or acted unfairly, they may apply to the Labour Court to review the award. The court will examine the record of the arbitration proceedings and may set aside or vary the award if it finds that the arbitrator acted improperly.