The fact of the matter is, it has never been easier to get rid of unwanted staff - and before everyone starts practicing for next years Oscar - think about it! The rules are very clear, the procedures are extremely clear and if you follow both of those to the letter - life would be a breeze. Yes it can take time. Yes you will have to be patient. No it doesn't have to cost you an arm and a leg!
Just follow the procedures and stick to the letter of the law - life will become so easy, you won't know how you managed it before!
CCMA spurs major decline in SA disputes
Carol Campbell
07 November 2006 at 07h58
Strikes and major workplace disputes have declined dramatically in South Africa, a trend that is being attributed to the good work of the Commission for Conciliation, Mediation and Arbitration (CCMA). CCMA director Nerine Kahn says the number of workplace disputes is reducing as more employers and employees are complying with the law. And, when there is a dispute, they are turning to the CCMA for its quick and fair resolution.
Strikes and major workplace disputes have declined dramatically in South Africa, a trend that is being attributed to the good work of the Commission for Conciliation, Mediation and Arbitration (CCMA). CCMA director Nerine Kahn says the number of workplace disputes is reducing as more employers and employees are complying with the law. And, when there is a dispute, they are turning to the CCMA for its quick and fair resolution.
The CCMA was established in 1996 following the enactment of the Labour Relations Act, one of the first major pieces of legislation introduced by the new government to balance workplace relationships in South Africa. Before the CCMA all labour disputes were referred to the Industrial Court, a hostile and cumbersome system that often took years to resolve a problem. "The most important role of the CCMA is the restoration of human dignity through the provision of a fair system where employers and employees have the right to express their grievances and know they are being heard," says Kahn.
Taking a grievance to the CCMA is simple, she says, but the first step is to try to resolve a dispute within the workplace before calling in outside help. There is a limit on the time in which a case can be lodged with the CCMA, stresses Kahn, so it's important to move quickly in a dispute. In the case of an unfair dismissal, a dismissed worker only has 30 days from the date the dispute arose to open a case. A discrimination case can be lodged within six months. The company's website gives step-by-step advice on how to bring a case against an employer or employee.
See http://www.ccma.org.za/These steps include:
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Completing the CCMA case referral form (LRA Form 7.11) available from any CCMA or Department of Labour office or online at the CCMA website.
Delivering a completed copy of this form to the other party in the dispute. Proof of delivery must be kept for future reference. This copy can be faxed, sent via registered mail, couriered or delivered in person (the recipient must sign that he has received a copy).
The CCMA informs all parties as to the date, time and venue of the first hearing, usually called a conciliation hearing. A conciliation hearing is informal and no legal representation is allowed. In this hearing the commissioner meets with both parties and explores ways to settle the dispute by agreement.
If no agreement is reached the CCMA commissioner issues a certificate and, depending on the dispute, the case may be referred to the CCMA for arbitration or to the Labour Court for a final ruling. Most CCMA cases are resolved through conciliation, but arbitration, which is more formal, is occasionally needed. In arbitration, witnesses are called and documents can be used to prove a case. The disputing parties can cross-examine each other and legal representation is allowed. The arbitrator makes a final and binding decision within two weeks of hearing the case.If a party fails to comply with an arbitration order the matter can be moved to the Labour Court.Any employee in a dispute with an employer, or vice versa, can ask the CCMA to conciliate or arbitrate. A union or employer's organisation can initiate action.
A CCMA call centre can assist
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Completing the CCMA case referral form (LRA Form 7.11) available from any CCMA or Department of Labour office or online at the CCMA website.
Delivering a completed copy of this form to the other party in the dispute. Proof of delivery must be kept for future reference. This copy can be faxed, sent via registered mail, couriered or delivered in person (the recipient must sign that he has received a copy).
The CCMA informs all parties as to the date, time and venue of the first hearing, usually called a conciliation hearing. A conciliation hearing is informal and no legal representation is allowed. In this hearing the commissioner meets with both parties and explores ways to settle the dispute by agreement.
If no agreement is reached the CCMA commissioner issues a certificate and, depending on the dispute, the case may be referred to the CCMA for arbitration or to the Labour Court for a final ruling. Most CCMA cases are resolved through conciliation, but arbitration, which is more formal, is occasionally needed. In arbitration, witnesses are called and documents can be used to prove a case. The disputing parties can cross-examine each other and legal representation is allowed. The arbitrator makes a final and binding decision within two weeks of hearing the case.If a party fails to comply with an arbitration order the matter can be moved to the Labour Court.Any employee in a dispute with an employer, or vice versa, can ask the CCMA to conciliate or arbitrate. A union or employer's organisation can initiate action.
A CCMA call centre can assist
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