Have you been unfairly dismissed by an employer that has been bullying you for the past three months, or are you an employer struggling to deal with an overly aggressive employee who is doing more damage than good in your company?
Today, workplace relations are tough. Operating under a master-servant relationship, the labour laws in South Africa are designed to mediate the relationship between employees, employers and trade unions. Not only do labour laws offer protection to both the employee and employer, but these laws also help to balance the employee and employer relationship. Unfortunately, dispute resolution in the workplace is never pleasant and is not easy to resolve. With two opposing parties both strong in their convictions, it is difficult to find an unbiased resolution to the matter. This is where the CCMA comes to the rescue. So what exactly is the CCMA, how does it operate and why is it needed in South Africa?
What is the CCMA?
Aimed at promoting fair practices in the work environment, the Commission for Conciliation, Mediation and Arbitration (CCMA) is a dispute resolution body established in terms of the Labour Relations Act, 66 of 1995 (LRA). An independent authority that resolves labour disputes and provides advice and training on labour relations, the CCMA does not belong to and is not controlled by any political party, trade union or business.
Since 1995, the CCMA has played an enormous role in bringing industrial peace. As the foremost dispute prevention and dispute resolution organisation in South Africa with a mission to promote social justice and economic development in the workplace, the CCMA deals with over 100 000 cases relating to unfair labour practices each year. Assisting employers, employees and trade unions, and with operating principles that incorporate the values of integrity, diversity, transparency, excellence, accountability and respect – when it comes to the objective resolution of an employee/employer dispute, the CCMA is mandated to resolve disputes through the following principles:
- Arbitrate unresolved disputes.
- Compile and publish information about its activities.
- Consider applications for accreditation and subsidies from bargaining councils and private agencies.
- Consultation processes.
- Dispute prevention.
- Employment equity programmes.
- Facilitate the establishment of workplace forums and statutory councils.
- Provide training and advice on the establishment of collective bargaining structures.
- Supervise ballots for unions and employer organisations.
- Termination of employment.
- Workplace disputes.
- Workplace restructuring.
How to Avoid a Trip to the CCMA Headquarters
The CCMA can either bring a business to its knees or it can shut a dishonest employee down, but that all depends on your defence and how accurate you were in following the correct procedure. With every passing day, labour law is becoming more and more complex. The Labour Relations Act (LRA), the Basic Conditions of Employment Act (BCEA) and the Employment Equity Act (EEA) are constantly being updated and amended, and if you’re not up to date with all the rules and regulations, you’re bound to find yourself at the CCMA headquarters. This is why you need to partner with a credible team of labour lawyers, such as Allardyce & Partners.
Free Legal Consultation for Exploited, Unfairly Dismissed or Victimised Employees
Registered as specialised labour lawyers with the Law Society of South Africa, we are a boutique law firm specialising in labour law and employment law. Taking great pride in our specialised labour law services, not only do we possess the expertise, understanding and compassion required, but we also have tenacity to deal with every type of workplace matter and have acted in numerous high-profile cases throughout South Africa.
Boasting a formidable reputation complemented with the backing of an exceptional team of attorneys and paralegals, not only do we provide employers, employees, trade unions and employer organisations with legal advice, representation in the CCMA, Bargaining Councils, Labour Court and Labour Appeal, but we also offer free legal consultation for exploited, unfairly dismissed or victimised employees. Assisting employees with a No Win Fee approach, we consult on the following grounds:
- Victimisation
- Unfair Demotion
- Unfair Discrimination
- Unfair Dismissal
- Unfair Retrenchment
- Unfair Suspension
- Unfair Treatment
- Preparations for Disciplinary Hearings
- Unfair Unilateral Changes in the terms of Employment
For more information on CCMA legal assistance, our rates, and our No Win and No Fee approach – contact us at reception@www.allardyce.co.za or on 011 234 2125 today.
NB: this article is for information purposes only and does not constitute legal advice. You are advised to consult with us before using/relying on this information.
