CCMA stands for Commission for Conciliation, Mediation, and Arbitration. The commission itself is independent and deals with disputes that arise when an agreement cannot be reached between employer and trade union, or employer and worker. If an employee claims that they are the victim of an unfair labour act, they can approach the CCMA for action to be taken.
Just because an employee logs a claim with the CCMA, it doesn’t mean that their claims are valid and you can fight it, and win!
Our clients can attest to the effectiveness of our CCMA practice. Our sole objective is to win. We believe that the process should be as cost-effective as possible for our clients.
In 3 years, we have effectively resolved over 1000 CCMA cases with no adverse awards. Only once was a client obliged to attend. We fully handled the entire process on the behalf of our respective clients. These figures pertain to clients on our full outsourced HR package, whereby we control the entire process.
The Why: if we control the entire process, with no external interference, we determine the outcome. As soon as outside attorneys and consultants become involved, winning becomes somewhat unrealistic.
A surgeon would not succeed if the Google empowered relatives gave advice during the course of an operation.
Much the same, we do our best work when we are left to handle the entire process, unhindered.
A con/arb is a conciliation/arbitration. In an attempt to streamline the ever-growing case backlog in the CCMA and councils, the concept of a con/arb has been borne. This process allows for attempts at conciliation to take place. Failing settlement, arbitration can immediately begin. This is then an attempt to have the entire process concluded within one sitting. Unfortunately, this is a pressurised process for the employer, as it not only has to deal with the presumption of being guilty and then proving its innocence, but having limited time to prepare. We thus generally recommend an application for an objection to con/arb to be issued to all relevant parties within the stipulated time periods.
A fundamental right in our country’s constitution is the presumption that one is innocent until proven guilty. However, the drafters of our various labour legislation acts carry the belief that an employee’s rights outweigh those of an employer, for many reasons. Some see these as justified as the employer has far more resources at hand than that of an individual employee, yet others tend to disagree. Our CCMA Resolutions aim to put your rights and best interests first.
During the CCMA process, the option of conciliation is given. A conciliation is a process whereby a commissioner attempts to facilitate some form of resolution between the parties. This resolution may take many forms and the commissioner’s purpose is to provide knowledgeable guidance relating to the circumstances. If a resolution cannot be reached, the applicant may apply to have the matter arbitrated. This is where a commissioner will then decide on the evidence presented to him/her and make a finding, in terms of our laws, as to which side was right or wrong and to which degree.
When processing a CCMA claim, arbitration may be involved. An arbitration is generally where each party provides evidence that supports his/her/its claims. A commissioner notes each party’s evidence and thereafter makes a decision on which party was right or wrong and to what degree. The commissioner can hand down a variety of judgements, from compensation (as per statute), to reinstatement, to finding the employer was correct in the processes and the reasons are found acceptable. We can fully represent you in a CCMA arbitration. We have a reputation of winning!
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