Commission for Conciliation, Mediation and Arbitration

The Commission for Conciliation, Mediation and Arbitration (CCMA) is a statutory body established in terms of Section 112 of the Labour Relations Act, 1995 (Act no. 66 of 1995) [as amended] (LRA) and draws its legislative mandate principally from Section 23 of the Constitution of the Republic of South Africa (1996) and the LRA.

The CCMA, as a national public entity in terms of Schedule 3A of the Public Finance Management Act (PFMA), is an independent body that neither belongs nor is affiliated with any political party, trade union or business. The CCMA aims to “advance economic development, social justice, labour peace and the democratisation of the workplace”.

Mandatory functions:

The CCMA will:

• Conciliate workplace disputes.
• Arbitrate certain categories of disputes that remain unresolved after conciliation.
• Establish picketing rules in respect of protected strikes and lockouts.
• Facilitate the establishment of workplace forums and statutory councils.
• Compile and publish information and statistics about its activities.
• Consider applications for accreditation and subsidy by bargaining councils and private agencies.
• Administer the Essential Services Committee, and at least every second year, review any rules made in terms of this section.

Discretionary Functions:

The CCMA may:

• Supervise ballots for unions and employer organisations.
• Provide training on any aspect of employment law, including:
• The establishment of collective bargaining structures.
• Workplace restructuring.
• Consultation processes.
• Termination of employment.
• Employment equity programmes.
• Dispute prevention.
• Advise a party to a dispute about the procedures to follow.
• Offer to resolve a dispute that has not been referred to the CCMA.
• Make rules on practice and procedure.
• Publish guidelines on any aspect of the LRA.
• Conduct and publish research.
• Provide assistance of an administrative nature to an employee earning less than the BCEA threshold.
• Determine fees that the CCMA can charge and regulate practice and procedure for conciliation and arbitration hearings.

Anisha Naidoo

HR Manager