Three vital points you need to know about CCMA conciliation

Simangele Mzizi, Fsp Business, 29 Sep. 2014

Tags: ccma, ccma conciliation, conciliation

CCMA Conciliation is a dispute resolution process that gives you and your employee a chance to settle the matter so it doesn’t go to arbitration or the Labour Court.

What our labour experts often find is most employers don’t know much about this all important process that could save you time and money if you settle.

As a result, they have put together three vital points they believe you need to know about CCMA conciliation.

Read on to find out what these points are so you can understand how the process works and can be confident about appearing at the CCMA.

Every employer needs to know these three points about CCMA conciliation 

Point #1: A dispute will be conciliated in the province where the cause of action arose.

For example, Peter is your employee and he has referred a dispute against you. 

He was based at your head office in Pinetown, KwaZulu Natal. It’s clear he was employed in Pinetown, you’re based in Pinetown, he carried out his duties in Pinetown and his dismissal happened in Pinetown. Therefore, the cause of action arose in Pinetown and the CCMA will schedule the conciliation at its Durban offices in KwaZulu Natal.

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 Point #2: As a general rule, the CCMA will schedule a conciliation date within 30 days of receiving a referral of a dispute, say the experts behind the report, CCMA for Managers.

The CCMA must give you and your employee at least two weeks’ (14 calendar days) notice of the conciliation.

If the notice the CCMA gives you is shorter than this and you can’t prepare in time, point this out to the CCMA and ask for an alternative date.

Point #3: A commissioner in conciliation can’t direct you to do anything regarding the merits of the matter, i.e. he can’t decide the case.
He’s only there to facilitate possible settlement discussions between you and your employee.

However, the commissioner does have powers to make decisions about the procedure you must follow during conciliation proceedings.

We hope these three points will help you better understand how the conciliation process works so you can be confident about appearing at the CCMA.

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