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SARS and its deputy commissioner are trying to solve their dispute using CCMA conciliation. Here's how this process works

by , 30 January 2015
On Wednesday, SARS Deputy Commissioner, Ivan Pillay and his employer went to the CCMA to try find a solution to Pillay's suspension.

Late last year, SARS head, Tom Moyane, suspended his deputy because of his role in a rogue intelligence unit. Pillay, who denies the allegations, took the matter to the Labour Court and won.

Then last week, Pillay and SARS met to try resolve their differences. But hours before the session, Pillay received a second suspension.

The two parties are now using CCMA conciliation to sort out their differences. If you're wondering how this process works, read on to find out. Who knows, you may have to use it one day in your company too.

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Discover what CCMA conciliation is and how it works

CCMA conciliation is a dispute resolution process.
You and your employee go to the CCMA to try and find a way to solve your dispute. A CCMA Commissioner helps you with this of course. And he conducts the process along informal lines.
The process starts with you and your employee giving opening statements. You state your case and make it clear what kind of result you'd like.
The Commissioner will then try to get you and your employee to reach a mutually acceptable settlement. He'll make recommendations, ask you questions and so on.
If, after all this, you and your employee find common ground, the Commissioner will issue a certificate to indicate settlement. Once you sign it, that's the end of the matter. Your employee can't take any other action against you or seek further compensation from you.

What if you and your employee don't agree on anything during CCMA conciliation?

If you and your employee can't find common ground, the Commissioner will issue a certificate to say you didn't resolve the matter. And he'll set out another forum your employee must use to refer the matter.
For example, he can tell your employee to take the matter for arbitration at the CCMA. If the CCMA doesn't have the powers to deal with the case, he'll refer it to the Labour Court.
Important: No-one can use something you say at CCMA conciliation against you at a later stage. And you're certainly not bound to reach a settlement. While this is the case, it's a good idea to reach a settlement at CCMA conciliation…

Here's why it's best to settle a dispute at CCMA conciliation…

In this article, we explain that the best thing about settling at conciliation is it makes for a win-win situation. You and your employee get what you want. But if you don't settle and the matter goes for arbitration for example, someone will lose.
Settlement at conciliation also means you can resolve the dispute swiftly and get back to work. You no longer have to spend time preparing for arbitration.
Now that you know what CCMA conciliation is and how it works, use it if you ever find yourself in a dispute with your employee.
PS: For more, check out the eight crucial points you need to know about CCMA conciliation and our special report, CCMA for Managers.

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