The typical process of the CCMA once an employee has referred a labour dispute to it is to call the employee and employer to attend a Con/Arb.  This is a process whereby a Commissioner meets with both parties together in an attempt to settle the dispute amicably. Should the Conciliation fail, the parties revert immediately to arbitration after which the Arbitrator is charged with providing the employer and employee with a written judgment.  The Con/Arb process is designed to achieve a speedy resolution to labour disputes but either the employee or employer may object to it, in which case the Conciliation process will run and should the dispute still remain, the parties will attend an Arbitration on another day.

The rules relating to the Conciliation process are the same as if they are part of the Con/Arb or if the Conciliation is taking place on its own.  With the required result being mutual agreement, the process being somewhat informal, legal representation is not allowed to be present for either party however if the employee is part of a Union, a Union Representative may be present.  Representing the employer during these proceedings will usually be a director or employee of the employer.  During this process the Commissioner meets with the parties in dispute and explores ways to settle the dispute. Should the dispute be successfully resolved, the Commissioner will draw up an agreement and issue a certificate that the dispute has been settled.

In the event that the dispute remains unresolved following the Conciliation, the parties will commence with the Arbitration process.  This a more formal process than Conciliation. Evidence can be led and argument is put forward in order to convince the Arbitrator what the appropriate judgment should be.  Following the Arbitration, the Arbitrator will provide an arbitration award, which is legally binding on both parties.

The parties are automatically entitled to legal representation with all claims except for those arising out of dismissal for alleged misconduct or an employee’s capacity in which case legal representation is allowed if the Arbitrator and other parties consent or if the Arbitrator concludes that it is unreasonable to expect a party to deal with the dispute without legal representation.  

Should legal representation not be present during the Arbitration process, we advise that you seek advice from a labour specialist ahead of the Arbitration in order to better understand the process and improve your chances of success.