When thinking of the CCMA, one immediately thinks of a dismissed employee lodging a complaint against their former employer. There are, however, many other services provided for by the CCMA that are not as well known or as popular. An example hereof is a section 188A (LRA) process, Inquiry by an Arbitrator, also sometimes [...]
It is crucial for both parties to a dispute to receive notice to attend the matter in order for the parties to defend their case on the date set down by the Commission for Conciliation, Mediation and Arbitration (hereinafter referred to as the CCMA). As soon as an employee decides to refer a matter [...]
Many employees who appear before the CCMA or Bargaining Councils have little experience in labour disputes and have limited understanding of the legal principles and rules of evidence that are relevant. The question of whether Commissioners are entitled and/or obliged to assist such parties in presenting their cases or whether intervention in such circumstances [...]
In applications of this nature the fundamental question is whether the party to whom the award was made, has made a case as contemplated in section 144 of the Labour Relations Act, 1995, which allows for a commissioner to rescind, where an award: Was erroneously sought or erroneously made in the absence of any party [...]
In terms of the Labour Relations Act 66 of 1995 (LRA), an arbitration award issued by a Commissioner is final and binding and may be enforced as if it were an order of the Labour Court. The LRA does not allow any party to appeal against an arbitration award, but these awards can be [...]
The trust relationship between employers and employee’s lies at the heart of any employment relationship. In deciding whether a sanction of a dismissal is appropriate, the question of the existence of the trust relationship must be canvassed at arbitration. It is trite law that if an employer can prove that the trust relationship has been [...]
The CCMA is bound by its rules to notify parties in writing of an arbitration hearing at least 21 days prior to the scheduled date. It could happen that an employer and/or key witnesses have prior engagements on the exact same date and time that the matter has been set down for arbitration. [...]
In terms of section 138 of the Labour Relations Act no 66 of 1995, commissioners must “conduct the arbitration in a manner that the commissioner considers appropriate in order to determine the dispute fairly and quickly but must deal with the substantial merits of the dispute with the minimum of legal formalities.” Arbitration hearings [...]
The “helping-hand principle” can be found in Clause 20 and 21 of the CCMA guidelines on misconduct arbitration. The applicable sub-clauses can be summarised as follows: Clause 20: “At the start of the arbitration, the arbitrator should welcome the parties and advise them of – … 20.9) the requirement that if evidence of a [...]
At the commencement of 2019, we saw the introduction of an updated set of Rules for the CCMA (Commission for Conciliation, Mediation and Arbitration). One of the rules which saw significant amendments was Rule 20 – “When must parties hold a Pre-Arbitration conference”. This article will only deal with the important amendments relating to Rule [...]