With What issues can a worker take to the CCMA? Below are the issues can a worker take to the CCMA.
- In the case of alleged unfair dismissal, the dispute must be referred tot he CCMA within 30 days after the date of dismissal.
- If a dispute relates to unfair labour practice, it must be referred to the CCMA within 90 days after the unfair incident, or within 90 days after the employee becomes aware of the unfair labour practice.
- If the dispute relates to discrimination, it must be referred to the CCMA within six days for conciliation and if it cannot be resolved, be referred to the Labour Court.
Solve a workplace dispute
You can get help from a third-party to solve disputes between you and your employer. The main ways you can do this are through:
- mediation
- conciliation
- arbitration
Mediation
Mediation is when an independent and impartial third party discusses a problem with you and your employer (or between you and another employee) to try and find a solution. It’s often used after informal discussions have not come up with a solution.
Mediation is voluntary and the mediator cannot force you or your employer to accept a solution. Both you and your employer must agree on the way to solve the dispute.
Mediation should not be used to solve problems that have to be formally investigated (for example, harassment or discrimination).
Conciliation
Conciliation is similar to mediation but is normally used when:
- you believe you may be entitled to make a claim to an employment tribunal
- you have already made a claim to an employment tribunal
Conciliation is voluntary – both you and your employer must agree to it before it happens.
Acas can offer a free service to help to settle a claim or potential claim.
Arbitration
Arbitration is when a third-party makes a firm decision on a case after considering all the issues.
You and your employer must agree to an arbitrator’s decision being legally binding. If you do not agree, you can still take a case to an employment tribunal.