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Jurisdiction is a term that is used to refer to the competence of a court or tribunal to hear a dispute between parties. This jurisdictional chart is a guide on the jurisdiction and related authority of employment tribunals in South Africa, including the CCMA, bargaining councils, private agencies and private dispute resolution.
| INSTITUTION | RELEVANT LEGISLATION | OTHER REQUIREMENTS | WHO | SCOPE | WHO CAN CONDUCT PROCESS | WHO APPOINTS PRESIDING OFFICER | HOW PAID FOR | SUBPOENA | ORDER OF COURT | REVIEW |
|---|---|---|---|---|---|---|---|---|---|---|
| CCMA | LRA (s115) | None | Inherent jurisdiction created by statute | s115 of LRA | CCMA commissioner s189A – facilitator | CCMA | Drawdown from Dept of Employment and Labour | LRA (s142) issued by the commissioner, signed by the Director (or delegate) CCMA Rule 37 | CCMA Director, s143(3) | Labour Court s145 |
| Bargaining Council | LRA, s28(1) & s51 | Registration (s29) & CCMA accreditation (s127) & Collective agreement/s | Industry scope Parties to BC Non-parties to BC (if extended & accredited) | S51(3) – interpretation & application of collective agreements, severance pay, s188A, strike/lockout cons, disputes in essential services, unfair dismissals, ULPs, severance pay, s188A | CCMA accredited commissioners s189A – facilitator (by agreement) | Bargaining Council Some BCs – parties can agree otherwise BC appoints | Dispute Resolution Levies Subsidies from CCMA (s132) | LRA (s142) issued by the commissioner, signed by GS (or delegate) Per BC Rules | CCMA Director, s143(3) | Labour Court s145 |
| Private Agency (Tokiso) | LRA, s127 | CCMA accreditation (s127) & Collective agreement/s OR Employment Contract clause OR Agreement | Valid agreement | s127(1), cons, arbs, s188A IBA, excludes organisational rights, demarcation, disclosure of info, workplace forums, joint decision making, stat councils, interpretation & application where no procedure in CA Enforcement S189A (on form, not in statute) | CCMA accredited commissioners s189A(4) – facilitator (by agreement) | Parties agree otherwise Tokiso appoints | Parties (employer if an employee under threshold) Subsidies from CCMA (s132) possible | LRA (s142) issued by the commissioner, signed by CEO (or delegate) Tokiso Rule 37 | CCMA Director, s143(3) | Labour Court s145 |
| Private ADR process (fac, med, con) | None | Collective agreement/s OR Employment Contract clause OR Agreement | Valid agreement | Scope determined by agreement | Any selected person | Parties agree on a person or process to appoint a person | Parties, as per the agreement | N/A | High Court / Labour Court | N/A |
| Private Arbitration Process | Arbitration Act | Collective agreement/s Employment Contract clause Agreement | Valid agreement | Scope determined by agreement | Any selected person | Parties agree on person or process to appoint / High Court | Parties, as per agreement or applicable Rules | Clerk of Magistrates Court (s16(1)(b)), “procured by any party” | High Court s31 | High Court / Labour Court s33 |
Registered users can access panellist profiles, fees and availability.