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A Practical Guide for Employers and Jobseekers Navigating Labour Disputes

In South Africa, workplace disputes are a natural part of the employer-employee relationship. That’s why the Commission for Conciliation, Mediation and Arbitration (CCMA) exists—to resolve conflict, promote labour peace, and uphold employee rights without the need for lengthy litigation.

Whether you’re an HR professional, business owner, or a jobseeker facing unfair treatment, understanding how the CCMA works is essential to protecting your rights—and avoiding costly mistakes.

What Is the CCMA and Why Does It Matter?

The CCMA is an independent dispute resolution body established under the Labour Relations Act (LRA 66 of 1995). It plays a critical role in resolving employment disputes through conciliation, mediation, and arbitration, and is available to all employees and employers at no cost.

Key Features of the CCMA:

Free to use – No application fees for either party
Independent and impartial – Not affiliated with any political or government department
Accessible – Any employee in South Africa can initiate a CCMA case

The CCMA supports the country’s broader employment legislation framework, working alongside the Basic Conditions of Employment Act (BCEA) and the Employment Equity Act (EEA) to ensure fairness in the workplace.

Common Disputes the CCMA Handles

Here are the main types of cases the CCMA deals with—critical for employers and jobseekers to understand:

1. Unfair Dismissals

Lack of valid reason (substantive unfairness)
Incorrect procedure followed (procedural unfairness)

2. Unfair Labour Practices

Unfair suspensions or demotions
Failure to promote
Unilateral changes to employment terms

3. Workplace Discrimination

Based on race, gender, age, religion, disability, or sexual orientation

4. Retrenchments & Severance Pay

Failure to consult or compensate fairly during restructuring

5. Wage Disputes

Underpayment
Non-payment of salaries
Violations of minimum wage legislation

6. Union & Collective Bargaining Disputes

Strike action
Lockouts
Disputes over collective agreements

7. Harassment & Bullying

Includes sexual harassment, verbal abuse, and hostile workplace behaviour

8. Incapacity Due to Illness

Disagreements around prolonged illness or medical incapacity and how they are handled

Services the CCMA Offers

Conciliation – Informal, facilitated discussions to reach mutual agreement
Mediation – Neutral third-party assistance to resolve the issue
Arbitration – A formal, binding decision made by a commissioner if conciliation fails

Before You Refer a Case to the CCMA—Think Strategically

While the CCMA is a powerful platform, not every conflict qualifies. Poorly prepared or emotional referrals can backfire.

Key Considerations:

Legal representation might be denied for certain cases
Weak or vexatious claims can result in cost orders
“Dirty hands” (i.e., unethical conduct by the complainant) may lead to a loss—even if a procedural issue exists

Real Case Examples:

Simani vs Coca-Cola Fortune (2006): An employee dismissed for dishonesty had their claim dismissed, and was ordered to pay the employer’s legal costs.
Mothibi vs Department of Education (2019): The employee admitted to misconduct but challenged his demotion—no compensation was awarded due to his behaviour.

Legal Best Practices for Employers and Employees

Before approaching the CCMA:

Ensure you have acted ethically and fairly
Document everything —from emails to meeting minutes
Avoid emotionally driven complaints
Seek advice from HR professionals or labour law experts
Confirm that your issue meets CCMA dispute criteria

Final Thoughts: The CCMA Is About Fairness, Not Frustration

At Skillzpage, we regularly assist companies and professionals navigating employment relationships, restructuring, and legal compliance. As a recruitment partner, we understand how labour law impacts hiring, retention, and conflict resolution.

If you're unsure about your employment practices, recruitment procedures, or how to avoid unnecessary CCMA disputes, we can help.

Let’s Help You Stay Compliant and Confident