HomeHome SearchSearch MenuMenu Our productsOur products

Five vital points you need to know about CCMA conciliation

by , 18 September 2014
Conciliation is a dispute resolution process that takes place at the CCMA and at bargaining councils.

During this process, you and your employee try to reach an out of court settlement agreement to resolve the dispute.

Now there are five important points every employer needs to know about CCMA conciliation. Read on to find out what they are so you can handle the process of dispute resolution in a legal and effective manner.


Here are four must-know points about CCMA conciliation
 

Point #1: You, your employee and a presiding Commissioner attend the CCMA conciliation process and this process is less formal.
A conciliation Commissioner mediates the dispute. He basically conducts a fact-finding exercise and he makes recommendations to you and your employee.

Point #2: The conciliation process normally begins with opening statements from each party, in which each side gives details of their respective cases and they specify what outcome they want.

That's not all you need to know about CCMA conciliation.

*********** New ************
 
Are labour laws and employee problems giving you a headache?

Do you want to be protected against CCMA claims?

The Practical Guide to Human Resources Managementis complete, and up-to-date with the latest legislative changes and contains:

  • Over 76 templates and HR forms, complying with the Labour Relations Act (examples: Performance review template, leave form, loan applications, overtime policy and special leave policies, etc.)
  • Quizzes and tests (pre-interview questionnaire, 27 questions to ask in every interview, etc.)
  • More than 65 practical case studies and real life examples from our experienced HR specialists 
  • Warnings and recommendations, so that you don't make mistakes
  • Action plans and checklists to make sure you don't forget anything
 
Click here for more details >>>
****************************
 

Three additional points you need to know about CCMA conciliation


Point #3: You're not bound by any admission or statement you make during the process and you're not bound to reach a settlement.

You must never allow the Commissioner to browbeat you or to try to force you to reach settlement. These proceedings are without prejudice, i.e. nothing said can be used against either party at a later stage.

Point #4: If CCMA conciliation fails, the dispute goes to arbitration.

According to the report CCMA for Managers, a greater proportion of dismissal disputes referred for conciliation do in fact go forward to arbitration or adjudication.

Point #5: The advantage of settlement at conciliation is it makes for a win/win situation, whereas settlement at arbitration leaves only one winner and one dissatisfied party – somebody always loses.

Knowing these points about CCMA conciliation will help you handle the process of dispute resolution in a legal and effective manner.



Related articles




Related articles



Related Products



Recommended for You 

  Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance



Here are all the most interesting, thought-provoking and common tax questions
asked by our subscribers over the last tax year – everything from A to Z!

To download Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance click here now >>>
  Employees always sick? How to stop it today



Make sure you develop a leave policy to regulate sick leave in your company.

BONUS! You'll find an example of the leave policy and procedure in this report.

To download Employees always sick? How to stop it today click here now >>>
  Absenteeism: Little known ways to reduce absenteeism



This FREE e-report will tell you how you can reduce absenteeism in your workplace while avoiding the CCMA and without infringing your employees' labour rights.

To download Absenteeism: Little known ways to reduce absenteeism click here now >>>
  7 Health & safety strategies to save you thousands



Don't let a health and safety incident cost you one more cent. Implement these seven
strategies in your company today.

To download 7 Health & safety strategies to save you thousands click here now >>>