REFERRING DISPUTES TO THE CCMA – By Oritonda Rambuda

1. What is the CCMA?
   • The CCMA stands for the Commission for Conciliation, Mediation and Arbitration.

2. Types of disputes which can be referred to the CCMA (or applicable Bargaining Council):
   • Dismissal;
   • Wages/ salaries;
   • Working conditions;
   • Workplace changes, ie, unilateral changes to employment contracts;
   • Discrimination;

3. Who can refer these disputes?
   • Both employees and employers can refer disputes to CCMA.

4. Applicable timelines when referring a dispute to the CCMA:
   • Unfair dismissal – the parties have 30 (thirty) days from the date on which the dispute arose to refer their matter to the CCMA.
   • Unfair labour practice (change in employment contract, refusal to promote, etc) – the parties have 90 (ninety) days from the date on which the dispute arose to refer the matter to the CCMA.
   • Discrimination – the parties have 6 (six) months from the date the dispute arose to refer the matter to the CCMA.

5. How to refer a matter to the CCMA:
   • Complete LRA form 7.11 and submit it to the other party, then submit it to the CCMA.
   • After which, the CCMA will provide parties with a date for the appearance (conciliation or con/arb).

6. What happens if one was not able to refer the matter within the times stated above?
   • Apply for condonation, requesting the CCMA to forgive the late referral.

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