My father was retrenched and sought help from the CCMA. How do we complain if we believe the matter was dealt with unfairly?

The long answer

Before we get onto the CCMA, I thought I should just ask whether your father had approached the provident fund himself to ask about his provident fund payout. If he did not approach the provident fund, perhaps he should. He can get the contact details of the fund from the HR department of his former employer. 

Turning to the CCMA:

Under Section 145 of the Labour Relations Act, a person can apply to the Labour Court for a review of the CCMA award if the CCMA commissioner did any or all of the following:

• Committed misconduct in relation to their duties

• Committed a gross irregularity in conducting the proceedings. Examples include bias, aggressively cross-examining witnesses, ignoring relevant evidence, procedural unfairness or failing to apply their mind to the issues

• Exceeded their powers

• If the award was improperly obtained (e.g., through corruption or undue influence)

• Made a decision that a reasonable decision-maker couldn't reach (irrationality).

A review isn't an appeal of the decision itself, but of how the decision was reached. You would need proof that the commissioner acted incorrectly or irrationally, not just that you disagree with the outcome. So you would need to document everything: how the Commissioner behaved, evidence that was ignored and all communications.

In an article on 4 August 2025, Cowan-Harper-Madikizela Attorneys (CHM) describes a recent case Jiyane v Amazon Development Centre where the Labour Court found that the CCMA Commissioner’s behaviour ‘created a reasonable apprehension of bias’ which was enough to set aside the award. 

The Labour Court said the following:  

• “[16]… Commissioners should refrain from unduly interfering during the process and more specifically not descend into the arena by interrupting parties and witnesses; cross-examining witnesses; and treating any party or witness appearing before them in any manner whatsoever which would cause that party/witness to lose confidence in the impartiality and unbiasedness of the commissioner…

• [17]… What is not acceptable is for a commissioner to continuously interrupt, take over the questioning of a party and witnesses, and continuously question the relevance of what a party is trying to bring to their attention…”.

As a result, the Court remitted the matter to the CCMA for a fresh hearing before a different commissioner.

CHM summed it up by saying that the judgment reminds us that a fair process is a fundamental element of a fair outcome (my emphasis). “While the facts of each case may differ, the manner in which proceedings are conducted must always meet the standard of impartiality, dignity and procedural fairness.”

The CCMA explains how to proceed with a review: 

“… A case number must be obtained from the Registrar of the Labour Court. The application must be served on all the respondents (including the CCMA) and on the Labour Court. Once the application for review is served on the CCMA, the CCMA must forward the record of the proceedings to the Labour Court within ten (10) court days. The party seeking the review of an award or ruling must apply for a court date within six (6) months of applying for a review. The court may condone a late application on good cause shown. The other party has the right to oppose the review application.”

Labour Guide says that if the award is set aside, the Labour Court can either decide itself what an appropriate award would be, or it can make an order about the appropriate way to resolve the matter.

So to sum up:

• File an application: You need to formally apply to the Labour Court to hear the matter.

• Time Limit: You generally have six weeks from receiving the award to file your review application with the Labour Court.

• Grounds: Clearly state why the Labour Court should take the case, focusing on the Commissioner’s conduct or legal issues, not just your own personal dissatisfaction.

You and your father may wish to take legal advice about it. Legal Aid is a means-tested government organisation that must help people who can’t afford a lawyer. These are their contact details:

• Legal Aid

Email: communications2@legal-aid.co.za

Tel: 0800 110 110 (Monday to Friday from 7am to 7pm)

Please Call Me: 079 835 7179

Wishing you the best,
Athalie