CCMA does not generally charge fees for its dispute resolution work, but may do so in exceptional circumstances outlined here. The following are the circumstances in which CCMA may charge fees:
- When it is resolving disputes, which are referred to it, in circumstances in which the labour legislation allows fees to be charged (all listed here).
- When conducting, overseeing or scrutinising any election or ballot at the request of a registered trade union or employers' organisation. The fee is between R1 730,00 to R3 460,00 for each day or part thereof.
- When asked by employees, employers, registered trade union, registered federation of trade unions, federations of employers organisations or councils to provide advice or training relating to-
- Establishing collective bargaining structures;
- Designing, establishing and electing workplace forums and creating deadlock-breaking mechanisms;
- The functioning of workplace forums;
- Preventing and resolving disputes and employees' grievances;
- Disciplinary procedures;
- Procedures in relation to dismissals;
- The process of restructuring the workplace;
- Affirmative action and equal opportunity programmes; and
- Sexual harassment in the workplace.
The fee is between R1 730,00 and R1 920,00 for each day or part thereof.
The CCMA may charge R1 730,00 for each day of the hearing if the commissioner in an arbitration finds that the dismissal is unfair only because the employer did not follow a proper procedure.
The CCMA may charge R1 730,00 - R4 610,00 for each day or part thereof when resolving a dispute about the interpretation of a collective agreement when-
- The collective agreement does not provide a procedure for resolving that dispute;
- The procedure provided in the collective is not operative;
- A party to a collective agreement has frustrated the resolution of the dispute;
- Resolving a dispute between parties to a council if the council's dispute resolution procedures are not operative;
- Resolving a dispute between parties to a collective agreement that provides for the resolution of that dispute by an accredited agency if the accredited agency's dispute resolution procedures are not operative.
When & where do you pay charges?
Only after receiving an invoice issued by the provincial CCMA Finance Department must a party pay charges. Payment must be paid to that office. No person is authorised by the CCMA to collect such charges from the parties' premises. Fees are charged in accordance with the tariff of fees established by the Governing Body of CCMA.
CCMA commissioners may include an order of costs in the arbitration award if a person or representative conducted the case in a manner which lacked seriousness or proceeded with or defended the dispute in arbitration without sufficient grounds for action just to annoy the other party. No loss of professional earnings may be claimed from the CCMA, only witness fee may be paid if that witness was called by CCMA.