Need a CCMA lawyer in Johannesburg? Learn about CCMA disputes, unfair dismissal claims, and legal representation from specialist labour lawyer Craig Berkowitz.
If you are involved in a workplace dispute, obtaining experienced legal advice can make a significant difference to the outcome of your case. A skilled labour lawyer can assist with preparing your case, presenting evidence and ensuring that your rights are properly protected during proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA).
Craig Berkowitz of Berkowitz Attorneys is a specialist labour lawyer and Acting Judge in the Labour Court of South Africa, with extensive experience representing both employers and employees in CCMA disputes and labour litigation.
What Is the CCMA?
The Commission for Conciliation, Mediation and Arbitration is an independent dispute resolution body established in terms of the Labour Relations Act 66 of 1995.
The CCMA resolves a wide range of employment disputes, including:
- Unfair dismissal
- Unfair labour practices, which includes matters like : promotion, demotion, probation, training, the provision of benefits to an employee; the unfair suspension of an employee, or any other unfair disciplinary action short of dismissal.
- Retrenchment disputes
- Disputes relating to wages or working conditions
Many labour disputes in South Africa must first be referred to the CCMA before they can proceed to the Labour Court of South Africa.
When Should You Contact a CCMA Lawyer?
Legal advice can be particularly valuable if:
- You have been dismissed from your employment
- You have been called to a disciplinary hearing
- You need assistance referring a dispute to the CCMA
- Your matter is proceeding to CCMA arbitration
- You are an employer defending an unfair dismissal claim
Early legal advice often improves the chances of resolving a dispute successfully.
The CCMA Process Explained
1. Referral of the Dispute
An employee who believes they have been unfairly dismissed must normally refer the dispute to the CCMA within 30 days of the dismissal.
An unfair labour practice dispute must be referred to the CCMA within 90 days of the date of the unfair labour practice or, within 90 days of the date on which the employee became aware of the act or occurrence.
The referral is usually made using the CCMA’s prescribed referral form.
2. Conciliation
The first stage of the process is conciliation, where a commissioner attempts to resolve the dispute through mediation.
Many cases are successfully settled during conciliation without proceeding further.
3. Arbitration
If the dispute cannot be resolved, the matter proceeds to arbitration.
During arbitration:
- Witnesses may testify
- Documents may be presented
- Legal arguments may be made
The commissioner will then issue an arbitration award determining whether the dismissal was fair or unfair.
4. Con/arb
Is a combination of when a conciliation and an arbitration are dealt with on the same day.
A conciliation is conducted, and if the matter is unresolved, then immediately proceeds to arbitration. In certain circumstances an objection can be lodged so that the process is then a conciliation only and the arbitration is then held at a later date.
Legal Representation at the CCMA
Legal representation is not always automatically permitted at the CCMA, particularly in certain types of misconduct or incapacity disputes.
However, representation by a labour lawyer may be permitted if:
- The commissioner exercises their discretion to allow it
- The matter involves complex legal issues
- Both parties consent to legal representation
Even where legal representation is not allowed at the hearing itself, a lawyer can still assist with:
- Preparing your case
- Drafting submissions
- Advising on strategy and evidence
Remedies for Unfair Dismissal
If a dismissal is found to be unfair, the CCMA may order several remedies.
Reinstatement
The employee may be returned to their position as if the dismissal never occurred.
Re-employment
The employee may be placed in a comparable position.
Compensation
Compensation may be awarded up to:
- 12 months’ remuneration for ordinary unfair dismissal
- 24 months’ remuneration for automatically unfair dismissal
Why Choose Berkowitz Attorneys?
Craig Berkowitz has extensive experience in labour law and CCMA disputes.
His professional background includes:
- Specialist labour lawyer
- Acting Judge in the Labour Court of South Africa
- Representation in numerous CCMA arbitrations
- Experience advising employers and employees on labour disputes
This experience enables Berkowitz Attorneys to provide strategic and practical advice in employment law matters.
Contact a CCMA Lawyer in Johannesburg
If you require assistance with a labour dispute or CCMA proceedings, you may contact:
Craig Berkowitz
Specialist Labour Lawyer
Tel: 083 453 1822
Email: cblaw@netactive.co.za
Berkowitz Attorneys provides legal advice and representation in CCMA disputes, disciplinary hearings and Labour Court matters.
Frequently Asked Questions
How long do I have to refer a dispute to the CCMA?
An unfair dismissal dispute must normally be referred to the Commission for Conciliation, Mediation and Arbitration within 30 days of dismissal.
Can a lawyer represent me at the CCMA?
Legal representation may be allowed depending on the nature of the dispute and the discretion of the commissioner.
What compensation can the CCMA award?
Compensation for unfair dismissal may be up to 12 months’ remuneration, or 24 months’ remuneration in cases of automatically unfair dismissal.
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