UNDERSTANDING DISPUTE RESOLUTION RULES OF THE CCMA & BARGAINING COUNCILS

Part 1 of 2

Navigating workplace disputes in South Africa requires a solid understanding of the institutions responsible for resolving them. Two of the most important are the Commission for Conciliation, Mediation and Arbitration (CCMA) and Bargaining Councils. This guide outlines their roles, functions, processes, and key rules to help both employers and employees engage effectively and lawfully.

What is the CCMA?

The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent dispute resolution body established under the Labour Relations Act 66 of 1995 (LRA). It provides a platform for resolving workplace disputes in a fair, quick, and cost-effective manner, ensuring that both employers and employees have access to justice.

What is a Bargaining Council?

A bargaining council is formed through agreement between one or more registered employers’ organisations and one or more trade unions for a specific industry or sector. Once registered under the LRA, it has powers similar to the CCMA in resolving disputes.

Functions of Bargaining Councils: National Bargaining Council for Hairdressing Comitology , Beauty and Skin Care (HCSBC)

Regulating and enforcing collective agreements.
Preventing and resolving labour disputes.
Managing dispute resolution.
Promoting training and education.
Establishing benefit schemes for members.
Submitting proposals on policies affecting the sector.

Note: If a bargaining council is accredited for a particular industry, the CCMA does not have jurisdiction to handle disputes within that sector. However, both the CCMA and the bargaining council apply the same dispute resolution procedures.

Should a matter be mistakenly referred to the CCMA when it falls under the jurisdiction of a bargaining council, your EOHCB Representative can assist in facilitating the transfer of the case to the appropriate bargaining council for it to be heard. Contact your EOHCB Representative for assistance.

The Meaning Behind CCMA

The CCMA’s name reflects its three core dispute resolution processes:

Conciliation: A neutral commissioner facilitates a voluntary settlement between parties.
Mediation: A deeper negotiation process where the commissioner may guide discussions more actively.
Arbitration: A formal hearing where evidence is presented, and a binding award is issued by the commissioner.

Core Functions of the CCMA & Bargaining Councils

Both the CCMA and Bargaining Councils assist with:

Dispute Resolution: Unfair dismissals, wages, working conditions, and labour practices.
Advisory Services: Guidance for employers, employees, and trade unions.
Collective Bargaining Assistance: Support in wage negotiations and other disputes.
Industrial Action Oversight: Ensuring legal compliance during strikes or lockouts.

Disputes Handled by the CCMA and Bargaining Councils

Both institutions can assist with:

Unfair dismissals
Unfair labour practices
Retrenchments
Wage or benefit disputes

Only the CCMA can handle:

Organisational rights disputes
Discrimination claims
Constructive dismissal claims
National Minimum Wage disputes

Matters That Cannot Be Referred to the CCMA

Disputes within the jurisdiction of an accredited Bargaining Council, if opened at CCMA the dispute will be transfer to the Bargaining Council under section 147.
Disputes outside the scope of the LRA or BCEA.
Conflicts involving independent contractors (unless the relationship is proven to be one of employment).

Understanding the distinction between the CCMA and Bargaining Councils—and knowing where to take your workplace dispute—is essential for navigating the South African labour system. Whether you're an employer or employee, this knowledge ensures your dispute is heard by the right authority and handled according to the correct legal framework.

Note: The EOHCB will be publishing a two-part segment on this topic. Please keep an eye on part 2 to be published soon.