Seun Mahlangu
1)What is CCMA conciliation?
- Conciliation is a process before the CCMA, a Bargaining Council, or an accredited agency, where a conciliator will try to assist parties, usually an employer and an employee, to resolve a workplace dispute.
2)Steps to prepare for a conciliation meeting.
- The conciliator may start the process by meeting jointly with the parties and asking them to share information about the dispute. The participants discuss the circumstances of the dismissal and any issues. The employer and employee can negotiate and explore different settlements.
3)Employer’s role and responsibilities during conciliation.
- The employer and employee can negotiate and explore different settlements.
4)Common pitfalls and how to avoid them.
- Be aware of the common pitfalls that make a hearing open to challenge at the CCMA. Proper phrasing of charges and avoidance of confusion. Adequate preparation before the hearing. Preparation of documentation and witnesses.
5)Case studies or examples of successful conciliation outcomes.
Vilakazi v Commission for Conciliation, Mediation and Arbitration and Others (JR164/20) [2023].
- Dismissal – Gross misconduct – Taking up full-time employment with company while in full-time employment with university – Did not disclose employment or seek approval – Persistent denial that she had not done anything wrong left university with no choice but to manage its risks by ending employment relationship – Applicant cannot comprehend her fiduciary duties towards university – Arbitrator at CCMA finding dismissal both substantively and procedurally fair – Review application dismissed – Applicant to pay costs of the university.
Need assistance with navigating CCMA conciliation processes? WHM Labour Law Advisors are here to help. Contact us today to ensure you’re well-prepared and supported throughout the process.