The Commission for Conciliation, Mediation and Arbitration (CCMA) is a dispute resolution body established in terms of the Labour Relations Act, 66 of 1995 (LRA). It is an independent body that does not belong to and is not controlled by any political party, trade union or business.
One of the main functions of the CCMA is to provide a forum for the expeditious resolution of labour or workplace issues.
The Motor Industry Bargaining Council (MIBCO) has been accredited by the CCMA to resolve most types of labour disputes which occur specifically in the motor industry and its dispute resolution procedures are very similar to that of the CCMA. Therefore, MIBCO has created the Dispute Resolution Centre (DRC), which is recognised by the CCMA and managed by qualified accredited full time Commissioners, with offices throughout South Africa.
Most disputes that occur within the motor industry, for example, unfair dismissals and disputes concerning unfair labour practices, will therefore be dealt with by the DRC and not the CCMA as the DRC was created for this very purpose.
Disputes relating to infringements of the Main Collective Agreements of MIBCO, such as underpayments etc. are lodged directly with MIBCO, and they will refer a statutory dispute to the DRC if warranted.
There are however certain disputes that have to be referred to the CCMA, as the DRC will lack jurisdiction. One such an example is a dispute concerning an apprentice (as apprentices falls mainly under the scope of the Skills Development Act) and another example is unfair discrimination disputes.
In a nutshell, most types of labour disputes that occur specifically within the motor industry are dealt with by the DRC. Members are encouraged to contact MISA for the necessary advice.
MISA is just a phone call away.