CCMA cases & COVID-19

Thousands of employees were retrenched or dismissed during the COVID-19 induced lockdown. Many of these employees have turned to the Commission for Conciliation, Mediation and Arbitration (CCMA) for assistance and referred CCMA cases.

The CCMA has received nationally 23 532 referrals, affecting 43 867 workers from 1 April 2020 to 31 May 2020. Most cases referred pertain to unfair dismissals.

The CCMA director, Cameron Morajane, said they are expecting these referrals to increase in the coming months as the regulations are relaxed and more people return to work.
The CCMA aims to promote fair labour practices and to resolve disputes within the working environment. An employee can refer a dispute tot the CCMA on account of dismissal, wages and working conditions, unfair labour practices, workplace changes and discrimination.

With CCMA cases, arbitration awards in favour of the employee are in general due to the employer not following the correct procedures (click on this link to read our article on “tips to survive the CCMA”) and can have a huge financial impact.

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What can go wrong?

  • What happens when you dismiss an employee “incorrectly”?
  • What penalties are payable with labour disputes and CCMA cases?
  • Do you settle for a generic employment contract with little protection?
  • What happens when you don’t follow the correct procedure with every labour dispute every time?
  • What happens when you lose your temper and dismiss someone “with immediate effect” in the heat of the moment?

Possible orders against the employer?

  • CCMA: 3-12 months’ salary and/or reinstatement
  • Labour court: 3-24 months’ salary and/or reinstatement

The LWO is a registered employers’ organisation with the Department of Labour and automatically has the right to represent our members in the CCMA, Bargaining Councils and Labour court. We have a proven track record at the CCMA with a success rate of 99.98%! The LWO was established in 1990 and have been assisting employers for 30 years!



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