What the CCMA Does and How It Works
The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent dispute resolution body established under the Labour Relations Act. It provides a free, accessible process for resolving workplace disputes between employers and employees — primarily unfair dismissal, unfair labour practices, and mutual interest disputes.
The CCMA process has two main stages: conciliation (an attempt to settle the matter) and, if conciliation fails, arbitration (a formal hearing where a commissioner makes a binding decision). Understanding both stages is essential whether you are the employee or the employer.
Before the Hearing — Preparation
For employees: Gather every piece of documentation related to the dispute: your employment contract, any written warnings, the disciplinary hearing records (charge sheet, minutes, outcome letter), your dismissal notice, payslips, and any relevant correspondence. Write a clear, factual account of what happened and when. Identify any witnesses who have direct knowledge of the relevant events.
For employers: Ensure you have the complete disciplinary file: the charge sheet, proof of notice to attend the hearing, the hearing minutes signed by both parties, the outcome letter, and the dismissal notice. If you followed a fair procedure, the documentation should demonstrate this clearly. Identify the person who chaired the disciplinary hearing as your key witness.
Conciliation — What to Expect
Conciliation is an informal, confidential process. A CCMA commissioner facilitates a discussion between the parties with the goal of reaching a settlement. What is said in conciliation cannot be used as evidence if the matter proceeds to arbitration.
The commissioner will typically hear each party's position briefly and then explore whether a settlement is possible — usually a financial settlement for the employee in exchange for withdrawing the dispute. Settlement amounts in unfair dismissal conciliations typically range from one to three months' salary depending on the circumstances.
You are not obliged to settle. If no agreement is reached, the commissioner issues a certificate of non-resolution and the matter proceeds to arbitration. At arbitration stage, legal representation is permitted with the commissioner's consent or if both parties agree.
Arbitration — Presenting Your Case
Arbitration is a formal hearing where both parties present evidence, call witnesses, and make legal arguments. The commissioner makes a binding decision (an arbitration award) after the hearing.
Structure of an arbitration hearing:
- Opening statements from both parties
- The party who bears the burden of proof presents their case first. In dismissal disputes, the employer bears the burden of proving the dismissal was fair.
- Witnesses give evidence and are cross-examined by the other party
- Closing arguments
- The commissioner's award (issued within 14 days of the hearing)
Key tips for self-represented parties:
- Stick to factual, relevant evidence — commissioners have limited patience for lengthy background that is not directly relevant to the dispute
- Keep questions in cross-examination short and focused — one point per question
- Bring three copies of every document you intend to use: one for you, one for the other party, one for the commissioner
- Do not argue with witnesses — put the factual contradiction to them as a question and move on
After the Award
A CCMA arbitration award is binding and enforceable. If the losing party does not comply, the award can be made an order of the Labour Court for enforcement purposes. If either party believes the commissioner made an error of law, they can apply to the Labour Court to review the award within six weeks of receiving it.
When to Get Legal Help
The CCMA is designed to be accessible without attorneys. Many employees and employers handle straightforward matters themselves. However, legal representation adds significant value when: the dismissal involves complex legal questions; the compensation claim is substantial; the other party is represented by an experienced advocate or attorney; or the matter involves automatically unfair dismissal (which carries higher maximum compensation). Consult a labour attorney at minimum before arbitration if any of these apply.