How do you win arbitration at CCMA?
3 must-know tips for CCMA arbitration
- Prepare your evidence. Arbitration involves presenting evidence, and you want to make it easy to follow for everyone involved in the proceedings.
- Arrange your witnesses. Talk to your witnesses beforehand to make sure they are able to attend.
- Get the right representation.
Are lawyers allowed at CCMA?
With any other type of dismissal or dispute, legal representation is automatically allowed. However, legal representation at the CCMA is not allowed during conciliation proceedings.
What disputes can be referred to the CCMA?
Disputes that arise in terms of the BCEA may be referred to the CCMA together with unfair dismissal disputes or unfair retrenchment disputes. If a bargaining council or statutory council exists for the sector in which that employer operates.
Is the CCMA decision final?
CCMA awards are final and binding and cannot be appealed against, with two exceptions.
What happens if you lose in arbitration?
The arbitrator normally hears both sides at an informal hearing. If the losing party to a binding arbitration doesn’t pay the money required by an arbitration award, the winner can easily convert the award into a court judgment that can be enforced just like any other court judgment.
What is arbitration at CCMA?
An arbitration hearing is a new hearing regarding the issue in dispute which led to challenged employer’s decision. The decision, called an arbitration award, is final and legally binding on both parties. The arbitration award is sent to the parties by the CCMA within 14 days of the finalization of the arbitration.
Who can apply for arbitration?
Arbitration can only take place if both parties have agreed to it. In the case of future disputes arising under a contract, the parties insert an arbitration clause in the relevant contract. An existing dispute can be referred to arbitration by means of a submission agreement between the parties.
How do you prove unfair treatment at work?
What Constitutes Unfair Treatment?
- Spreading rumors about an employee.
- Passing up someone for a training opportunity or promotion because of someone’s race, color, gender or other protected characteristic.
- Creating offensive comments, emails or social media posts about an employee.
What is the next step after arbitration?
The arbitrator’s final decision on the case is called the “award.” This is like a judge’s or jury’s decision in a court case. Once the arbitrator decides that all of the parties’ evidence and arguments have been presented, the arbitrator will close the hearings.
What is the cost of arbitration?
Arbitrator fees normally range from about $1000 per day (per diem) to $2000 per day, usually depending upon the arbitrator’s experience and the geographic area in which he or she practices.
How does CCMA help to resolve labour disputes in South Africa?
How the CCMA Helps to Resolve Labour Disputes in South Africa. CCMA stands for the Commission for Conciliation Mediation and Arbitration. The CCMA is specific to South Africa and acts as an independent body without any links to political parties or corporate entities.
What does CCMA stand for in South Africa?
CCMA stands for the Commission for Conciliation Mediation and Arbitration. The CCMA is specific to South Africa and acts as an independent body without any links to political parties or corporate entities. As such, the CCMA is able to provide an objective platform for labour dispute resolution, training,…
When was the Commission for mediation and arbitration established?
Commission for Conciliation, Mediation and Arbitration (CCMA) was established in terms of the Labour Relations Act, 1995 as amended.
Where to file a CCMA claim in South Africa?
CCMA offices are located throughout South Africa, and should you have a labour dispute, you can either make use of the online facility to download relevant documents or visit your nearest CCMA office to collect the forms to be completed. Complaints, claims, and requests must be completed using the correct forms.