REFERRING A DISPUTE TO THE CCMA

What is the CCMA?

The CCMA stands for the Commission for Conciliation, Mediation and Arbitration. The CCMA is a body set up to assist employers and employees resolve disputes which arise in the workplace. The rules of the CCMA are governed by the Labour Relations Act which clearly states that;

“Every employee has the right not to be unfairly dismissed and subjected to unfair labour practice.”

Who can refer a dispute?

If you are an employee having a dispute with your employer, or vice versa, you can refer the dispute to the CCMA.

It is generally easy to determine who the employer is, however it can be challenging to determine whether a person is considered an employee.

The Labour Relations Act includes a provision detailing who is presumed to be an employee and states that if any one or more of the following conditions exist, the person is considered to be an employee;

  1. The manner which the person works is subject to the control or direction of another person;
  2. The persons hours of work are subject to the control or direction of another person;
  3. If the person works for an organisation and the person is considered to form part of that organisation;
  4. The person worked for the other person for an average of 40 hours per month over the last 3 months;
  5. The person is economically dependent on the other person;
  6. The person is provided with the tools of trade or work equipment by the other person; or
  7. The person only works or renders services to one person.

What types of disputes can be referred to the CCMA:

Any employer / employee may refer a dispute to the CCMA for any one or more of the following types of disputes;

  • The employee has been dismissed and the dismissal is deemed unfair;
  • Any unfair labour practice including inter alia, promotion, demotion, unfair suspension etc; or
  • Either party feels they have been discriminated against.

When to refer a dispute:

If there is a dispute with regards to an unfair dismissal the parties have 30 (thirty) days from the date on which the dispute arose to refer their matter to the CCMA.

If the dispute is one arising out of an unfair labour practice the parties have 90 (ninety) days from the date on which the dispute arose to refer the matter to the CCMA.

If either party believe they have been discriminated against the parties have 6 months from the date the dispute arose to refer the matter to the CCMA.

Referring the dispute

If you want to refer a dispute you will be required to complete a CCMA case referral form (also known as a LRA Form 7.11).

Once you have lodged the form with the CCMA you will be required to serve the form on the other party. This can be done by emailing, faxing or posting the form. You will however be required to show proof of service.

The CCMA will then contact you and the other party and inform you as to the date, time and venue of the first hearing.

The first hearing is referred to as conciliation. During conciliation the CCMA commissioner will attempt to assist you and the other party to resolve the dispute by reaching an agreement acceptable to both parties.

If you are unable to reach agreement a certificate is issued and the matter will either be referred to arbitration or the Labour Court depending on the type of dispute.

For more information on this or any other legal related queries please contact us at 033 392 8000

 

By: Jenna Kate Freeguard – Attorney | Litigation

63 replies
  1. Monnapule mosebetsi
    Monnapule mosebetsi says:

    I have a case at ccma and wer discuss with my employer but nothing have done so far i will like the matter be transfer to the abbitration

    Reply
        • Randles
          Randles says:

          Good Day,

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  2. Ntombizodwa
    Ntombizodwa says:

    My name is Ntombizodwa Ncube have been working for7years 10months upto date.as a domestic worker she kept on promising register me at uif of which she never did now she is moving to the new house she wants to leave me with her friends who are coming to rent the old house of which I’m not comfortable with it what can I do

    Reply
  3. Wiliam Longwe
    Wiliam Longwe says:

    I would like to ask for help. My wife she has been working for other family as a domestic worker for 5 years but two days ago when we lost a brother and wife in accident she did not go to work for a day and give an excuse. By the following day she went to work and get fired and given two weeks pay the money she has worked for. We tryd to ask what went wrong she broked us on whatsaap. How can get help?

    Reply
    • Randles
      Randles says:

      Hi William. Thank you for your comment. Please can you email info@randles.co.za and one of our team will pick it up from there. Alternatively please send us your contact details in order for us to chat to you. Thank you! The Randles team

      Reply
  4. RINAE MICHAEL MUDZANANI
    RINAE MICHAEL MUDZANANI says:

    Hi,my name is Michael,im engaged with a company from the 11 of November 2018 to date, appointed as customer service team member(Cashier)yet doing the duties of a Shift supervisor which am not even paid for ,being promised to be appointed as shift supervisor after 6 months,cause im a qualified experienced restaurant manager.Now on the the 10 of April 2019 i received a notice,notifying me that i am transferred from a position of cashier to Shift supervisor as promised,and the following month i will get paid shift supervisor job,but come pay date for May nothing changed,still got paid as a cashier ,even my title never changed.When i approached the Area coach to inquire,he presented me with a notice of demotion.
    Is the this fair labour practice???? Can i refer the case to CCMA or not?I feel like these conditions are no longer making it convenient for me to stay in this employment relation. Please advise me

    Reply
    • Nokubonga
      Nokubonga says:

      Hi my is Nokubonga Mvumbi.ID nmbr 9302070210084.Contact nmbr is 0737518376.i need a help to u.iClaim on 6Mach ididnt get my money till now.i was Working to Supercare cleaners.

      Reply
      • Randles
        Randles says:

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  5. john
    john says:

    hi..i have been employed on a 12 month fixed contract since 2011 until dismissed last monday 12th august 2019 for gross misconduct stating that i refuse to carry out instructions by not parking the client vehicle at the
    designated place after shift…my dispute is that my ex employer was not able to present to me factual evidence like dates ,times and places whereby he said he told me that i was not carrying out his instructions..further more i dont have a fixed signed contract with him where i can read the rules where he charge me for misconduct..what shoud i do because i feel the dismissal is is very much unfair for i was never given any verbal or first written warning

    Reply
    • Randles
      Randles says:

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  6. Walter
    Walter says:

    Hi my name is Walter Kekana I worked at clicks for 5years Nd I resigned on July 2019 Nd yet they never paid me my package…am calling them each day asking about my paperwork they telling me they will call me they are busy with it and they do keep their promise..so it’s been six months now waiting for it and I don’t think they are willing to help me….can u please help me

    Reply
    • Randles
      Randles says:

      197.245.35.57 In reply to Rose molomo.
      Good Day,

      Thank you for your enquiry on our article!

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  7. Sindisiwe
    Sindisiwe says:

    Hi my name is sindisiwe I work for a security company as a controller I got employed on the 18-01-2019.i toke leave this year January for 17 days i didn’t get paid for my leave when i asked they told me we controllers don’t get paid for annual leave because we get a basic salary is that true

    Reply
    • Randles
      Randles says:

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  8. omphile
    omphile says:

    Hi my name is Omphile, I was contracted on a FTC for more than 18 months, i was actually acting on a post and after 18 months the post was advertised and i applied but was told that i do not qualify, for the same post and work i have been doing for 18 months. All this simply started as a one month contract and they kept renewing it until the post was advertised and that was after 18 months… what does the labour law say about contracting for more than 6 months

    Reply
    • Randles
      Randles says:

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  9. Patricia Mareya
    Patricia Mareya says:

    My name is Patricia Mareya I worked as a Seamstress for 6years at Haute Rizell and i was being underpaid, unpaid leave, no off days,or sick leave no martenity leave and I was unfairly dismissed Can u pliz help me I wanted to go to CCMA bt they closed due to Corona virus, can u pliz send me the forms to fill in. Pliz help me I don’t know what to do
    And

    Reply
    • Randles
      Randles says:

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  10. Asteleyn Klaasen
    Asteleyn Klaasen says:

    Good day my name is Asteleyn,I started last year with Bidvest prestige cleaning company,I resign last ,did what I have to work my last day out send my resignation letter in as I was told ,,I work till the 28th of February,our books closed every month the 11th ,,,so that mean thy must stil pay me 14 days of money,and my pension fund,,but this morning when I chat to the manager see ask me ,WHAT MONEY DO YOU WANT, YOU DID GET PAYD LAST MONTH WE OW YOU NOTHING JUST LIKE THAT 🤷 can u help me please people are really scared of her

    Reply
    • Randles
      Randles says:

      Good Day,

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  11. Tshepo bilankulu
    Tshepo bilankulu says:

    Hi I’m tshepo bilankulu
    I was work at a company for 1year 3 months. I was moved from jhb to Palaborwa to work there as a mechanic.. On the 22nd of March 2020 I was asked by the company to go to bakubung platinum mine to assist with the new tonly trucks. Then I had to come back on the 26.but I couldn’t cause I had a long way to drive and over working. So I went to Cosmo city my mom’s house to rest.. Lockdown got me in jhb then I had to stay because the company was also shutting down. They told that we going to work home using our phone I was sent the app and downloaded it 2days down the line my phone got broke. I couldn’t contact my maneger to tell him the problem I had with my phone and I had the company car with me because I left many at Palaborwa I did use the car to buy food for my mom for the lock down.. My HR call my mom it was on Tuesday if not mistaken to tell her that she will come with police to get the car. I called her with my mom’s phone then I took the company car to his house.. Yesterday my HR sent me an email tell me that my contract is ending as of the 04/01/2020 and is non renewable and she is the new hr which is the HR who interviewed me told me that my contract will be renewed.. Now I’m stack in jhb my wife n kids, property and my car they left in Palaborwa.. Please help me this is my first work I have never experienced such situation

    Reply
    • Randles
      Randles says:

      Good Day,

      Thank you for your enquiry on our article!

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  12. Patricia Mareya
    Patricia Mareya says:

    I just want to ask something about ur services are they for free bcoz i cant afford the payments,I want help from ccma so i dont no if u are 1 company ,can u pliz help me with that pliz pliz

    Reply
    • Randles
      Randles says:

      Good Day,

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  13. David Jacobus Van Zyl
    David Jacobus Van Zyl says:

    Good day, my name is David Jacobus van Zyl. I worked for the company on a one year contract, with the possibility to renew the contract. I started November 2018 and my contract was only renewed in January 2020 with a 4 month contract ending April 2020. On 13 May 2020 they scheduled a contract meeting and informed me not to renew the contract. They have payed me until end of May 2020. My contract stipulate hat with mutual agreement a notice of 30 days may be considered.

    Reply
    • Randles
      Randles says:

      Good Day,

      Thank you for your enquiry on our article!

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  14. Thokozani
    Thokozani says:

    Hi my name is Wiseman Mngadi I worked for the company about 17years well I had some cases with them than I was called for hearing which was represented by indipendant LRA he find me guilty of some case than give me three months suspension without pay I accept that they requested me to leave so they will type the letter of suspension after 30 minutes they call me when I got there there was a change in our agreement they say I will be given R12000 minus R4200 Balance isR7800 and they said I must take it or leave or else I will get nothing from them I’m sitting waiting for them till now

    Reply
    • Randles
      Randles says:

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      Thank you for your enquiry on our article!

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  15. Jeanett mokoera
    Jeanett mokoera says:

    Good day my name is jeanett mokora my problem is that i was once employed by Lizelle Greeff i was unfair dismisal and took her to ccma at the ccma i won the case and charged herself to pay me a 1 month salary not 3 months salary which is R3700 on the 4th march 2020 did pay me R2000 and the rest was purpose to be paid on the 4th April even now still waiting for R1700 its been two month can you please help me

    Reply
    • Randles
      Randles says:

      Good Day,

      Thank you for your enquiry on our article!

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  16. Thuli
    Thuli says:

    Hi my name is Thuli Dlomo I want to know I submitted my complain of unfair dismissal how long must I wait for response for a hearing

    Reply
    • Randles
      Randles says:

      Hi Thuli

      Was this submitted over email? Please advise and we can check in with the team to trace it.

      Thank you!

      Reply
  17. Simphiwe Mwandla
    Simphiwe Mwandla says:

    Hi I hope you well,I’m a young male who was working for a company called CCI South Africa (call centre) and I believe that I was unfairly dismissed because I was called by my employers in May to return to work from but my return was for a short period of time (3 days) and I was then asked again to go back home and stay there until I’m called and asked to return to work because in those 3 days I was not working because IT was still resetting my password and due to that reason I was not able to work that is when my employers also told me that for the 3 days I was not gonna get paid because I was not being productive within those days and so I went home to await for their call.It had now been 35 days or more without me receiving the call i was awaiting that’s when I decided to visit the office to check on my situation only to find out that my contract has been terminated due to “unauthorised absence” yet no call was made to me informing me to get back to work so can u kindly assist with the issue urgently

    Reply
    • Randles
      Randles says:

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      In order to ensure that you receive tailored advice in response to your query, please contact us at info@randles.co.za to make an appointment with one of our legal practitioners who will assist further.

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  18. marthinus j steyn
    marthinus j steyn says:

    Good day, I have worked for a company but have not been payed my salary. What can I do to get my paycheck.

    Reply
    • Randles
      Randles says:

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  19. marthinus j steyn
    marthinus j steyn says:

    Good morning I have been working for a company but I have not received any salary. The company did not pay other employees as well. The excuse is c-19.I can actually not except this. What is the steps to fallow please. My cell phone num. 0642409181.

    Reply
    • Randles
      Randles says:

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  20. Kuziwa
    Kuziwa says:

    I’m working over 6 months and my boss fired me but he was promised me to work for long period and after l work for 3 months my old job call me back and he tells me not go back he will give me job ne l don’t have to disappoint him and now after 6 months he tells me he doesn’t have to pay me but he just bought his new car for her daughter I need a help please

    Reply
    • Randles
      Randles says:

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  21. Joshua Jah Harris
    Joshua Jah Harris says:

    Hi my name is Joshua Harris and for almost 7 months I haven’t received my ter payment. I am working for spur at N1 City as junior kitchen manager
    Please contact me at 0733022369

    Reply
    • Randles
      Randles says:

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  22. Elizabeth
    Elizabeth says:

    Good day
    Kindly assist i have been with the employer for 4 years n 8 months. Last year i started to have earache until this year may i was dismissed due to ill health incapacity. Two months later when the insurance took me to audiologist they found out that i have permanent hearing loss. And the insurance couldn’t pay because they can only pay if i can’t perform my job as a call centre and alternative roles with the company. So i cannot perform my job as a call centre agent however i can perform administration however my employer said they tried to look for two positions for me in the bank within the retail cluster. On my dismissal day they raised the point that says i was hired as a call centre agent therefore i can perform the job i was hired for. My hearing loss was caused by the job i was doing. Can i open a case against my employer

    Reply
    • Randles
      Randles says:

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  23. Portia
    Portia says:

    Hi, my name is Portia. I was working for a company then I got sick in 2014 where I was even hospitalized with pneumonia. It was difficult for me to work in the fridges anymore, when I asked them to move me to other department they game stories. While I was still recovering I received a letter that I must come back to work, then I was dismissed without hearing. What can I do?

    Reply
    • Randles
      Randles says:

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    • Randles
      Randles says:

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  24. Lucky Mbambo
    Lucky Mbambo says:

    I have been with this company for the period of 3 years and now am fairly dismissed from work.My contract has been terminated jst be because my employer feels like she can no longer pay me and no have a smart phone.

    Reply
    • Randles
      Randles says:

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  25. Willem Louw
    Willem Louw says:

    I have work for firm for 3 months.I have ask for my contract but dident get one .Or she is busy whih it or havent got the time to do it.On the 21 of Septenber she give me a contract that say i am acontracter and not a worker and that my contract wil end on the last day of the mount.I have deside to resign. At the end of the month she didt pay my salary and claim that i owe her monney with is not the case.

    Reply
    • Randles
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    • Randles
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