Where to Find Expert CCMA Advice and Guidance Regarding Labour and Employment Issues
If you have been dismissed without a proper disciplinary hearing, or have not received the correct pay upon termination of employment, you are entitled to take the issue to the CCMA for advice or dispute handling. However, going the route alone can be a confusing experience. Though the CCMA provides you with the necessary forms on their website for lodging the complaint, you will notice that there is not enough space to explain in detail what the issue is about. In addition, you need to notify the employer of your intention to have the CCMA decide on the matter. Not following the correct procedure can mean not getting the required restitution. You can be assured that the employer will seek expert CCMA advice and so should you.
There is also the question of what documentation you will need in support of your claim. What about witnesses? Can you get the required proof that you have worked at the employer for a specific period if the employer never gave you a contract of employment in writing? And what if the employer never deducted UIF from your salary, so you thus did not contribute to the UIF and cannot claim because of non-contribution? How do you know whether it was indeed unfair dismissal? Surely it cannot be expected that you will be an expert in CCMA procedures, labour, and employment law? Fortunately, you do not need to be an expert. Legal expertise is available to help you in preparing the documentation and claim form.
More about the CCMA
Its full title is Commission for Conciliation, Mediation, and Arbitration. The Commission is governed by the Labour Relations Act of 1995 and its amendments. The Commission operates as an independent body to rule over labour disputes. It is not affiliated to a political party, employer organisation, or union. The CCMA provides a platform where employees and employers (or employee and employer organisations) can submit disputes and have them heard. The CCMA makes it possible to obtain a fair ruling regarding an employment dispute. Their decision is final and the employer and employee must abide to the ruling, but it is possible to appeal against a decision. The CCMA, apart from dispute resolution, facilitates workplace forum development, statistics gathering, and arbitration regarding disputes that could not be resolved after conciliation efforts.
How Allardyce & Partners Can Assist
When it comes to employees, we provide expert advice and if the employee’s case has merit and we decide to pursue the matter, we work on a no-win-no-fee basis. We assist in referring the issue to the relevant bargaining council or to the CCMA where relevant. We also provide assistance to employers. As such, we understand the issues that both parties face. Our team assists with legal advice regarding the employee’s right to refuse having to work on a public holiday or refuse more overtime than is allowed by the law. Our attorneys help with litigation regarding wages not paid and unfair dismissals.
When it comes to employers, we assist with legal advice and litigation services regarding issues such as the right to lock out employees on strike, dismissing an employee for theft or fraud, conducting an investigation regarding fraud, and more. We stay up to date with changes in the law, assist employers in drafting legally compliant employment contracts, and handle labour law issues. Disputes can range from differences over retirement benefit payments to employers changing work conditions that the employees do not want to accept. Regardless of the labour issue at hand, you can rely on our expertise to help you act within boundaries of the law and to solve disputes.
Get expert legal guidance regarding CCMA procedures and dispute management in South Africa. Contact us at reception@www.allardyce.co.za or on (011) 234 2125.
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.
