Labour Law Specialists in South Africa on Issues Related to the CCMA Arbitration Hearing
Rather than trying to resolve a labour dispute without legal guidance, even if it is a dispute before the CCMA, we recommend making use of the expertise offered by labour law specialists in South Africa. This will help you avoid costly pitfalls which could affect your standing as employer and lead to financial losses. If you are an employee, you also have reason to make use of the services offered by labour law specialists in South Africa, especially if you don’t belong to a trade union.
Although, as an employee, you cannot have legal representation at a CCMA conciliation hearing, you can have legal representation at an arbitration meeting. Whether you need to prepare for a disciplinary hearing or proceedings before the CCMA or need legal representation whether before the CCMA or the Labour Court, first obtain legal guidance from labour law specialists.
To get you started, we take a look at issues surrounding CCMA arbitration to help you understand important aspects related to such.
Unresolved Dispute at the Conciliation Meeting
If the dispute remains unresolved, the next step is arbitration and for this we recommend making use of the services offered by our labour law specialists. You will get the opportunity to state your case in front of the commissioner who will have the final say and whose ruling will be legally binding to all the parties involved.
Timeframe for Referring a Dispute to the CCMA for Arbitration
You must request arbitration of the dispute within a period of no longer than ninety days (90) from the date of certificate issued stating that the dispute has been unresolved. This should be done using the form LRA 7.13.
Timeframe for Giving Notice
The CCMA must give 21 days’ notice to the parties regarding the date of the arbitration hearing. However, if the parties agree to a shorter notice period, then the above does not apply.
Right to Legal Representation at CCMA Arbitration Hearings
You are, as stated earlier, entitled to legal representation at the arbitration hearing. Please speak to our labour law specialists about such and when such is not permissible.
What the Commissioner Takes into Consideration When You Apply for Legal Representation
The commissioner will consider whether it is in the public interest, what the nature of the dispute is regarding issues of law, complexity of the dispute, and comparative ability of the parties to deal with the particular type of dispute.
Timeframe for Arbitration Outcome
The commissioner must award an outcome within fourteen (14) days of the end of the proceedings. Note that by discretion of the director, the period can be extended if there is sufficient cause for such.
What to Do If You Are Not Satisfied with the Commissioner’s Award
Though the commissioner’s decision is final and legally binding on both parties, should you not be satisfied with the outcome of the arbitration hearing, you have the right to apply to the Labour Court to set aside the award. For this you will need the assistance of labour law attorneys in South Africa and must do so within six weeks of the award given.
What to Do If the Employer Doesn’t Want to Comply with the Award?
You have the right to enforce the award given if the award has been on order of the Labour Court and if such has been certified by the director.
Where to Get Legal Help in South Africa
Get legal guidance regarding labour disputes and representation at CCMA arbitration hearings. Contact our labour law specialists 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. Information is relevant to the date of publishing – September 2017.
