Disputes arising from matters covered in the Labour Relations Act, are referred to dispute resolution forums such as the CCMA or similar for conciliation. Depending on the nature of the dispute, a failed conciliation process can be followed by arbitration or by referral to the Labour Court, or possibly lead to industrial action.
Disputes relating exclusively to issues such as salaries, leave, etc. used to fall under the jurisdiction of the Department of Labour for investigation and enforcement by labour inspectors. However, the legislative amendments in January 2019 granted the CCMA jurisdiction to determine some disputes, such as disputes relating to underpayment of amounts (available to employees below the earnings threshold). Labour inspectors may now also refer compliance issues to the CCMA and obtain arbitration awards against employers.
The document below contains an overview of external dispute resolution and the CCMA:
