The Commission for Conciliation, Mediation and Arbitration (CCMA) stated that a dispute must be referred to the region where the dispute originated.
This comes after the commission noticed that Midrand residents did not know which office to go to for work-related disputes.
According to the commission’s director, Cameron Sello Morajane, in terms of the commission’s office demarcation, all disputes arising in Midrand must be referred to the office in Tshwane.
Morajane explained, “Any party may also request the commission to facilitate or mediate a dispute, manage conflict in the workplace, facilitate building workplace relations or conduct training in labour relations generally.”
He said employees and job applicants who alleged unfair discrimination in terms of non-appointment, or employers in dispute over an employee-related issue, may refer a dispute to the commission.
“Before referring the matter to the CCMA, you must make a reasonable attempt at trying to resolve the matter internally,” said Morajane.
A dispute may relate to issues in terms of the Labour Relations Act, the Employment Equity Act and the Basic Conditions of Employment Act and may include:
- Dismissal
- Unilateral changes to terms and conditions of employment
- Matters of mutual interest
- Discrimination
- Suspension
- Demotion
- Promotion
- Severance pay
- Disciplinary action short of dismissal and any issue relating to a benefit.
Steps to be followed when referring a dispute to the CCMA:
- Complete the LRA7.11 referral form. Forms are obtainable from the CCMA, the commission website and all department of labour offices.
- Serve a complete, signed copy of the form to the employer.
- Submit the form, together with proof that a copy was served to the employer, to the commission.
- If the matter is referred outside the prescribed period, attach an application for condonation (when an accuser has previously forgiven or condoned (in some way or at some level supported) the act about which they are complaining), supported by an affidavit of the referral.
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