The CCMA And It’s Duties

abitrateCCMA

The Commission for Conciliation, Mediation and Arbitration (CCMA) is a dispute resolution body established in terms of the Labour Relations Act, 66 of 1995 (LRA). It is an independent body, does not belong to and is not controlled by any political party, trade union or business.

Unfair dismissals

Your employer does not have a fair reason for dismissing you (e.g. if there was nothing wrong with your job performance)

Your employer did not follow the correct process when dismissing you (e.g. if they have not followed their company dismissal processes) you were dismissed for an automatically unfair reason (e.g. because you wanted to take maternity leave)

Unfair labour practices

Unfair labour practice is any unfair act or omission that arises between the employer and the employee in specific instances. One such an instance is the unfair conduct of an employer relating to the promotion, demotion, probation or training of an employee or relating to the provisions of benefits to an employee.

Discrimination

When a person is treated differently (usually in a bad manner), in comparison with someone else because of his or her racial or ethnic origin, religion or belief, disability, age or sexual orientation.

Mediation

Mediation is a voluntary process in which two or more parties involved in a dispute work with an impartial party, the mediator, to generate their own solutions in settling their conflict.

Unlike a judge or an arbitrator whose decisions subject one party to win and the other party to lose, mediation is about finding a solution that works for both parties.

Arbitration

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court

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