CCMA & Bargaining Council
Vastly experienced in CCMA and bargaining council proceedings, disciplinary hearings, incapacity enquiries and retrenchment processes.
Clifford Levin Attorneys is vastly experienced in the chairing of disciplinary hearings, incapacity enquiries and retrenchment consultation processes. We ensure that fair procedure is maintained throughout the proceedings and that a substantively fair recommendation is passed at the close of each case.
Representation at the CCMA and bargaining councils
Our support extends to the representation of both employers and employees at the CCMA and the various industry-specific bargaining councils, including:
- Conciliation and arbitration of unfair dismissal and unfair labour practice disputes;
- Applications for legal representation — where representation is denied, we offer invaluable advice and prepare comprehensive bundles to ensure you can present a solid case before the Commissioner;
- Condonation applications for late referrals;
- Review advice where an award should be challenged in the Labour Court.
Chairing and advisory services for employers
For employers, we chair disciplinary hearings and incapacity enquiries as an independent, legally qualified chairperson — protecting the process against procedural attack at the CCMA. We also guide retrenchment consultations under Section 189 of the Labour Relations Act from the first notice through to conclusion.
Training
We offer various training packages to ensure your staff are well equipped to tackle CCMA cases and disciplinary enquiries with competence.
Frequently asked questions
Can an attorney represent me at the CCMA?
Legal representation at CCMA arbitration is allowed by right in most dismissal disputes, but in misconduct and incapacity dismissals the commissioner must first grant permission. We have a high success rate in obtaining legal representation at these forums, and where it is refused we prepare comprehensive bundles and advice so you can present a solid case yourself.
How long do I have to refer a dispute to the CCMA?
An unfair dismissal dispute must be referred within 30 days of the date of dismissal. Unfair labour practice disputes must be referred within 90 days. Late referrals require a condonation application explaining the delay.
What does a chairperson of a disciplinary hearing do?
An independent chairperson ensures the hearing follows fair procedure, hears evidence from both sides, and makes a finding and sanction recommendation. We are vastly experienced in chairing disciplinary hearings, incapacity enquiries and retrenchment consultations, ensuring both procedural and substantive fairness.
Do you offer CCMA training for staff?
Yes. We offer various training packages to equip HR staff and managers to handle CCMA cases and internal disciplinary enquiries with competence.
Need assistance with ccma & bargaining council?
Speak to an attorney today. Call +27 11 640 2327, message us on WhatsApp, or send the details of your matter and we will come back to you.