5 Common Mistakes made by Employers at the CCMA

Attending the CCMA unprepared will not help you to win your case!

1. Not understanding the CCMA processes.

There are three fundamental processes at the CCMA: Conciliation, Con-Arb and Arbitration.

In addition, there are other simple and complicated processes that may be required, such as Objecting to Con-Arb, making an Application and applying for a Rescission of an Award.

The rules of the CCMA require proper drafted Applications, writing a letter or making a phone call to the CCMA is not acceptable.

2. Attending a CCMA process unprepared.

You need to be fully prepared for the process if you want the outcome you require.  If, for example, you are attending an arbitration you need a set of Bundles of Documents, and your witnesses need to be properly prepared.

3. Ignoring the outcome.

If you ignore the processes of the CCMA an award can eventually be made in your absence. If you are not successful in having it rescinded, the award can be made an Order of Court and be executed by the Sheriff. The Sheriff can attach company goods to settle the claim.

4. Relying on hearsay evidence.

Hearsay evidence is evidence given by a person who was not directly involved in the matter but gives evidence on behalf of another person.

Evidence must be given by the person who saw, heard, witnessed, was involved in, or was present when the facts of the incident happened. The company representative cannot give evidence on behalf of other employees in the company.

5. Settling for the sake of settling!

If an employer has a good case, it should defend it. Acceding to any demand or payment of money by a claimant who was in serious breach of company rules creates a precedent for future rule breaking in the company.