1.1 Establishment
The Commission for Conciliation, Mediation and Arbitration (CCMA) was established under the Labour Relations Act (LRA) 66 of 1995, which is the main piece of legislation governing labour relations in South Africa to ensure that both employers and employees are treated fairly and disputes are resolved in a just and equitable manner.
This is to ensure that both employers and employees are treated fairly and disputes are resolved in a just and equitable manner. Before the CCMA, workers often had to go to court to resolve disputes, which was expensive and time-consuming. The CCMA was created to provide free, quick, and accessible services through conciliation, mediation, and arbitration. By resolving disputes outside of court, the CCMA helps reduce the backlog in Labour Courts and allows for faster resolution of issues. The CCMA promotes collective bargaining and helps maintain labour peace by resolving disputes before they escalate into strikes or lockouts. The CCMA supports the enforcement of basic employment rights, such as protection against unfair dismissal and unfair labour practices, according to (Section 115).
1.2 Functions
The Commission for Conciliation, Mediation, and Arbitration (CCMA) is an independent body established in South Africa to resolve disputes in the workplace. Below are some of the key functions of the CCMA:
Conciliation: The CCMA facilitates conciliations to resolve disputes between employees and employers. Conciliation is a process where a neutral third party (the conciliator) assists both parties to reach a mutually acceptable settlement (Labour Relations Act 66 of 1995, section 134).
Arbitration: If conciliation fails, the CCMA can conduct arbitration to resolve disputes. An arbitrator makes a legally binding decision based on the merits of the case (Labour Relations Act 66 of 1995, section 138).
Advice and Guidance: The CCMA provides advice to both employees and employers about their rights and obligations under the Labour Relations Act. This includes guidance on issues like unfair dismissal, rights of employees, and compliance with labour laws (Labour Relations Act 66 of 1995, section 115).
Training and Capacity Building: The CCMA offers training to employers, employees, and trade unions on various labour-related matters, including dispute resolution and labour legislation. This helps build the capacity of parties to deal with disputes before they escalate (Labour Relations Act 66 of 1995, section 115).
Monitoring Compliance: The CCMA ensures that decisions made during conciliations or arbitrations are complied with by both parties. If there is non-compliance, the CCMA can take steps to enforce compliance (Labour Relations Act 66 of 1995, section 143).
Promoting Labour Peace: The CCMA works to promote industrial peace and harmony by resolving disputes in a fair and timely manner. This helps prevent strikes and lockouts that could disrupt the economy (Labour Relations Act 66 of 1995, preamble).