The duration of a CCMA case in South Africa can vary depending on several factors, but generally, here’s a breakdown of the timeline:
1. Conciliation Stage:
This is the first step in the CCMA process, where the parties try to resolve the dispute without going to arbitration. The conciliation must take place within 30 days of the case being referred to the CCMA. During conciliation, the commissioner works to find a settlement. If the matter is resolved, the process ends here.
More about conciliation here:
CCMA Conciliation Process.
2. Arbitration Stage:
If conciliation fails, the matter moves to arbitration, where the commissioner makes a binding decision. After conciliation fails, the employee has 90 days to request arbitration.
3. Average Time for Finalisation:
Typically, the entire process (from referral to finalisation) can take 10-12 weeks, provided there are no delays or postponements. However, in cases where there are postponements or complexities, it can take longer.
For a more detailed overview of the process and timelines, you can check out:
The CCMA Process: Definitive Guide.
In some instances, quicker resolutions can occur, particularly if both parties are cooperative, while others may experience delays if there are disputes about procedure or evidence.