When employment disputes arise, it’s essential for both employers and employees to understand the avenues available for resolution. One of the key institutions responsible for handling such matters in South Africa is the Commission for Conciliation, Mediation and Arbitration (CCMA).

Though state-funded, the CCMA operates independently and serves as the central component of the statutory dispute resolution system under South African labour law.

When and How to Refer a Dispute

A dispute must be referred to the CCMA within 30 days from the date on which the disagreement arose. Once a matter is referred, the first step in the process is conciliation.

Step 1: Conciliation

Conciliation is facilitated by a Commissioner, a neutral third party who assists both sides in reaching a mutually acceptable agreement. It’s important to understand that the Commissioner cannot impose a binding decision during conciliation. Instead, they may guide discussions, mediate between the parties, and conduct a fact-finding exercise. Based on this, the Commissioner may provide a non-binding recommendation, often referred to as an advisory arbitration award.

Conciliation proceedings are confidential and conducted without prejudice. This means that any statements or proposals made during the session cannot be used against either party in future proceedings.

Step 2: Arbitration

If conciliation fails and no agreement is reached, the Commissioner will issue a certificate of outcome declaring the dispute unresolved. The party who referred the dispute then has 90 days to apply for arbitration by submitting an LRA Form 7.13 to the CCMA and the other involved parties.

Before arbitration, the CCMA Director may instruct the parties to hold a pre-arbitration conference. This is aimed at narrowing the issues, identifying common ground, and streamlining the arbitration process.

Arbitration is a formal hearing, where both sides are given the opportunity to present evidence, call witnesses, and make arguments. The appointed arbitrator will make a decision based on the evidence presented. This decision is final and binding, subject only to review by the Labour Court on limited grounds. The arbitrator may also issue a costs order in line with the CCMA rules.

The “Con-Arb” Process

A 2002 amendment to the Labour Relations Act introduced a streamlined process called “con-arb”. This process allows arbitration to begin immediately after conciliation if the dispute is not resolved. While efficient, either party may object to con-arb, in which case the standard two-step process (conciliation followed by arbitration) will be followed.

In Summary

The CCMA plays a pivotal role in resolving labour disputes fairly, quickly, and at minimal cost. From conciliation to arbitration—and even through the combined con-arb process—the institution provides structured, accessible mechanisms to resolve workplace conflicts.

If you need assistance navigating a CCMA dispute or ensuring your case is properly prepared, our legal team at Horn Attorneys is here to help. Contact us for expert labour law advice and representation.