17/01/2026
I have often received requests to assist with cases which are referred or intended to be referred to CCMA. What I gather is that employees are quick to refer matters to CCMA with their understanding that CCMA will be their saviour in what they deemed unfair treatment. In this post I intend to explain how CCMA works and when it is ideal to refer the matter to the Commission.
CCMA is an abbreviation for Commission for Conciliation, Mediation and Arbitration. It is not a court and cannot issue a judgement.
When you refer a matter to CCMA, the expectation is that CCMA will first seek to conciliate the parties in a dispute. This process normally takes an informal discussion with the parties facilitated by the Commissioner. The aim is to establish possible resolution without adversarial confrontation. The value of this process is to find a reasonable ground to sustain relations amongst the parties also to clarify if the relationship is broken completely or otherwise.
When a Conciliation process fails then the matter is moved to mediation. At this point the Commissioner begin to hear the facts of the case and negotiate a possible settlement amongst the parties. This will take a form of more formal presentation of facts by both parties. At this point there can be no findings of either parties conduct. It's a negotiation.
Again if mediation fails, then the matter is referred to what is called arbitration. This is now a quasi court arrangement. Matters are argued based on conduct of either party and the aim is to have a determination in respect of the conduct of either party and declare therefore if any conduct by the either party is justified in law. The outcome of arbitration is binding to all parties and may not be appealed if there is no wrong doing on the Commissioner's part.
So what you can appeal, at labour court after CCMA's intervention, is the conduct of the commissioner as court cannot decide on the merit of the primary case as that would be court interference. However if the determination is not fair and arbitrary courts can listen to the merits and issue a finding against the commission's findings.
Important to note. CCMA is not a court and can not issue a judgement. It is always ideal to save a workplace harmony and relationships before you engage on adversarial battle. SNG Consulting - Labour Law Clinic can assist you through our this process. Like our page and be part of the conversation.
