Our Labour Specialist Provides Insights
Quick Summary:
Logistics & Arrival: Success begins with overcoming Cape Town CBD traffic to secure parking. Note that security protocols strictly prohibit entry into the building until 30 minutes prior to your scheduled hearing.
The 4th Floor Transition: Upon entry, expect delays at the elevators. Whether you opt for the lift or the four-flight stair climb, you must report to reception to be processed via the daily A3 case register.
The Conciliation Phase: Hearings begin with settlement discussions. Depending on the Commissioner, this “musical chairs” phase ranges from formal mandates to mediated negotiations aimed at resolving the dispute before reaching arbitration.
The Arbitration Process: If settlement fails, the matter shifts to a formal “courtroom dance.” This involves opening statements, witness testimony, and rigorous cross-examination to determine the procedural and substantive fairness of the case.
Expert Representation: Navigating the technicalities of constructive dismissal or S73 claims is complex. Utilising experienced representatives, such as those from SAUEO, ensures that the process remains a manageable professional hurdle rather than an exhausting ordeal.
Author: Lumari Immelman
Lumari is an admitted attorney holding an LLB, and assisting clients with complex labour law matters in Gauteng and the Western Cape. In her free time she enjoys persuing her passion for photography.
Author: Lumari Immelman
Lumari is an admitted attorney holding an LLB, and assisting clients with complex labour law matters in Gauteng and the Western Cape. In her free time she enjoys persuing her passion for photography.
Let’s be honest, attending the CCMA can feel like preparing for a minor expedition, without being excited about your destination.
First, you’ve got to conquer the early morning wake-up call and traffic into the CBD, because heaven forbid you arrive fashionably late and end up parking blocks away from the building. Your safety is literally at stake!
You know the saying “the early bird catches the worm”, well, in this case, you must arrive bright and early before the birds are even awake, stake your claim on a prime parking spot, and then navigate the sea of attorneys, employees and ordinary Capetonians on their way to work.
It’s not just a normal day at work; it’s a test of your patience, your parking skills, and your willingness to embrace the chaos before the show even starts.
The Reality Check
Arriving early to secure parking at the CCMA seems like a smart move, right?
This is until you learn that the security has a strict ‘no entry before 30 minutes to your case’ rule.
Turns out, the traffic was not just on the road. Upon entering the building, you are stuck in a brand-new line of eager beavers, all waiting to squeeze into the lift to the 4th floor.
Who knew that the real traffic jam would be inside?
Oh well, at least this provides time to perfect your “courtroom stare”. Unless- perhaps get in some cardio and take 4 flights of stairs. The line on the 4th floor will allow you some time to catch your breath before reporting to reception.
Arriving on the 4th floor of the CCMA
Once you get to the case officer, after what felt like 2 years in the line, you provide them with your details— think of it as your official intro.
The case officer will then whip out a big, impressive A3 sheet (it is basically the size of a small poster!) with the details of all the cases scheduled for the day.
The case officer will highlight your details (either as applicant or respondent), and you will take a seat on what feels like a bus stop chair, except this time it is not for a trip you desire to be on.
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The CCMA Commissioner Walks in
At this point, it will be approximately 15-20 minutes until the Commissioner calls your case. The perfect opportunity to run to the bathroom, also located on the 4th floor.
The Commissioner will call the parties and direct you to a room where the fun commences. Now, depending on who you get, your day might turn into a game of musical chairs.
First, there’s the “settle or not” phase. Sometimes, the Commissioner dives straight into whether you have a financial mandate like a bossy referee blowing the whistle to get the game going and a stickler for rules.
Other times, it’s more like a casual chat, where they ask about your case and see if everyone’s ready to settle, sometimes even attempting to nudge the parties into settling.
After not being able to settle, it is off to arbitration. Now, here’s the twist: we often object to continuing with arbitration after conciliation. Why? Because we believe it is fairer and more productive to give the respondents more time to prepare.
Plus, a positive attempt at settling (like providing a neutral reference letter and a certificate of service) can make all the difference.
Think of it as giving everyone a chance to cool down, gather their thoughts, and maybe even avoid a full-blown arbitration showdown.
Remember: whether you’re playing musical chairs or sitting calmly at the table, the goal is the same – resolve disputes fairly and efficiently, with a smile, until you reach the arbitration stage and the claws come out!
CCMA Preparation Checklist
1. Essential Documentation
- Originals & Copies: Bring your ID/Passport and at least 3 copies of your evidence bundle (one for the Commissioner, one for the other party, and one for yourself).
- The Paper Trail: Ensure you have your Employment Contract, recent payslips, and any relevant disciplinary records or outcome letters.
- Proof of Service: Bring your LRA Form 7.11 and the proof that it was served on the other party (e.g., fax slip, registered mail receipt, or email delivery report).
2. Evidence & Witnesses
- Digital & Physical: Print out relevant emails, WhatsApp messages, or photos. If you have video/audio evidence, ensure you have a device to play it.
- Witness Availability: Confirm your witnesses are available and know the exact time and location. If they are not employees, ensure they have been subpoenaed if necessary.
3. Hearing Logistics
- The 30-Minute Rule: Aim to be in the CBD early for parking, but remember you will only be granted entry to the building 30 minutes before your case starts.
- Mandate: If you are representing a company, ensure you have a written financial mandate or authority to settle.
- Interpreter: If you or a witness requires an interpreter, verify that one has been requested from the CCMA in advance.
4. Personal Comfort
- Water & Snacks: Hearings can run long, and facilities on-site may be limited.
- Patience: Prepare for a “marathon” mindset—the process requires steady nerves and a calm “courtroom stare.”
The Arbitrtation at the CCMA starts
Arbitration at the CCMA is like a fancy courtroom dance, but with less waltzing and more talking.
Depending on the nature of the referral (i.e. misconduct dismissal, S73 claims for monies owed to the applicant, etc.), the process might slightly differ.
Let us look at unfair dismissal claims.
The Respondent (the Employer or their representative) must first prove they played fair, like showing they followed all the rules and did not fire the employee just because they felt like it.
They do this by:
- giving an opening statement,
- calling witnesses to testify (think of them as the Respondent’s friends who saw everything), and
- then the Applicant gets an opportunity to cross-examine those witnesses, like asking tricky questions to catch them in a lie.
After that, the Applicant is afforded an opportunity to tell their side of the story, and both sides can give closing arguments – kind of like the final words before the Commissioner makes up their mind.
Sometimes, parties can even ask the Commissioner if they can submit their closing arguments on paper after the arbitration, instead of saying them out loud, making it a bit more like writing an essay than a courtroom showdown.
And that’s how arbitration at the CCMA keeps things fair, funny, and a little bit dramatic!
If a matter was referred as constructive dismissal, the onus is on the applicant to provide sufficient evidence that the working conditions were so intolerable, they had no other option than to resign, and the Respondent will answer on what the Applicant has alleged and provided.
In the event of an S73 claim for monies owed to the Applicant, one cannot object, and arbitration must commence directly after conciliation.
This is to ensure that the Applicant gets immediate assistance where money is owed and due to them.
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Final Thoughts (and a Little Advice)
A day at the CCMA can feel like running a marathon in flip-flops, long, exhausting, and secretly hoping your brain does not decide to take an extended vacation. But fear not! With the right representative by your side, it is a lot less like battling a beast and more like having a trusty sidekick in your corner.
So, next time you are gearing up for the showdown, remember: a good representative can turn that draining ordeal into just another story to laugh about… eventually.
Statistically speaking, our affiliate employer’s organisation, the South African United Employers’ Organisation (SAUEO), of which this author is a member, attends +- 6-10 cases per month, and resolves all of them successfully. In this case, it is not who you know but what you know.
Present and reputable representatives are an absolute necessity when facing the CCMA in any shape or form.
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