How to take your learnership complaints to CCMA. The CCMA hears learnership grievances between learners and employers. Here is the CCMA Learnership Dispute Process.
The CCMA appeal process for learnership Disputes
A number of Keep Climbing readers contact us for advice about how to deal with unfair treatment while on a learnership. We always encourage them to file a complaint at the CCMA.
In South Africa, the Commission for Conciliation, Mediation and Arbitration (CCMA) plays an important role in resolving various labor-related disputes, including learnership complaints. Learnership complaints at the CCMA typically relate to issues arising from learnership agreements. For example disputes regarding wages, working conditions, training quality, or unfair treatment during the learnership period.
Take Your Learnership Dispute To The CCMA
Are you facing challenges with your learnership? Take Learnership Complaints to CCMA
Are you feeling stuck with no solution in sight? Don’t worry, you’re not alone! Many learners encounter difficulties along their learning journey. In this blog post, we’ll guide you on when and how to lodge a complaint with the CCMA. If you want help addressing your learnership concerns, we’ve got your back!
When to Take Your Learnership Complaint to CCMA: What complaints go to the CCMA?
The following disputes may be referred to the CCMA:
Under certain circumstances, individuals can take learnership disputes to the CCMA. South Africa established the CCMA as an independent legal body so as to promote social justice and protect the rights of employees and employers. Learners can take their learnership complaints to the CCMA when:
1. The learnership complaint relates to unfair dismissal: Take Learnership Complaints to CCMA
- If your learnership program has unfairly dismissed you, you can seek assistance from the CCMA.
- Sometimes, a learnership agreement can be ended. For example, if both the employer and learner agree in writing, the SETA may approve the termination. Additionally, if there’s a good reason, either the employer or employee can request to end the agreement. Before any decision is made, everyone involved in the learnership agreement gets a chance to share their thoughts.
- In addition, if an employee decides to leave their job, the learnership agreement ends too. If the training provider has a good reason to end it, they can. However, this can only happen after everyone involved has a say, and if the SETA and employer can’t find a new training provider.
- To ask for a learnership agreement to end, a written request, along with a copy of the agreement, must be sent to the SETA. If needed, there should also be a written agreement, signed by both the employer and learner, explaining why the termination is necessary.
Learnership agreements may not be ended before their end date unless:
- A learner has completed all the work before the time;
- The learner is dismissed because of bad behaviour;
- A learner exhibits continued underperformance in the workplace
- The SETA that the learnership is registered with approves it.
2. A learnership dispute is related to unfair labour practice: Take Learnership Complaints to CCMA
- If you believe you have been subjected to an unfair labour practice, such as being unfairly treated or harassed during your learnership, you can approach the CCMA for assistance.
3. The complaint relates to discrimination: Take Learnership Complaints to CCMA
- If learners believe they have experienced discrimination, such as someone treating them unfairly based on their race, gender, or disability.
- The CCMA is here to assist in addressing these issues and to ensure the protection of learners’ rights. If you believe you have experienced discrimination, then don’t hesitate to reach out to the CCMA for guidance and support in resolving the matter.
4. The learnership dispute relates to non-payment of stipends or allowances: Take Learnership Complaints to CCMA
If your employer or training provider fails to pay the stipend or allowance you are entitled to, then approach the CCMA for assistance.
- Learnership stipend rates table
- Learner Pay is Called a Stipend
- Learnership Stipend Deductions
- What Learners say about Learnership Stipends
- Minimum Pay and Learnership Stipend
- Learnership Stipend Rules
- How to get a Learner Stipend
Taking Learnership Complaints to CCMA: The CCMA Process
First The Steps Before Taking Learnership Complaints To CCMA
1. Is Your Dispute With the Employer or Training Provider?
- Note that the employer and the learner must first address all disputes arising from the Employment Contract. If your complaint is not resolved after you raise it with your supervisor for the first time, then escalate it to a manager or someone in HR. it’s important for your case that you make this effort first.
2. The SETA Learnership Agreement: Take Disputes to the SETA ETQA Manager
- If the employer or training provider has not assisted you with your learnership dispute, then take it to the relevant SETA.
- When you address your Learnership Dispute with the SETA, ask for the ETQA Manager. Then tell them there is a problem with your Learnership Agreement.
The SETA deals with contractual issues related directly to the Learnership Agreement, such as:
- applications for cancellation of the learnership,
- transfer of learners between employers,
- applications for withdrawal as an employer,
- the poor quality of education and training provision by either the employer or the training provider etc.
If any issues remain unresolved at this level, they will be escalated to the relevant SETA Quality Assurance Committee. Furthermore, in cases where internal resolution proves unsuccessful, a learner can escalate a contractual dispute to either the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Labour Court. For example, disputes can include breach of contract, unfair dismissal, and non-payment of learnership allowance.
Resolving Learnership Grievances: When To Take Learnership Complaints To CCMA?
- First, try to resolve the issue with your employer or training provider before approaching the CCMA. Refer to company grievance procedures so that you follow the correct process.
- If this process is unsuccessful, then the CCMA can be approached for assistance. The CCMA will ask you what steps you took prior to approaching them, so be sure to follow this step.
CCMA Learnership Dispute Preparation: Prepare to Take Learnership Complaints to CCMA
1. Understanding When to Lodge a Complaint:
Knowing the right time to lodge a complaint is crucial for an effective resolution. You should consider filing a complaint with the CCMA:
- When you experience unfair treatment or discrimination during your learnership.
- When your employer or training provider terminates your learnership without proper justification.
- Or when your employer or training provider violates or ignores your rights as a learner.
2. Gather Information relevant to your learnership complaint:
Before lodging a complaint, gather all relevant information and evidence to support your case. This includes:
- Documenting incidents of unfair treatment or discrimination.
- Collecting any communication or correspondence related to your learnership.
- Note down specific dates, times, and details of any incidents that have occurred.
3. CCMA Resources and Grievance Process:
To lodge a learnership complaint with the CCMA, you can follow these steps:
- Visit the CCMA website and familiarize yourself with the learnership complaint process.
- Access the CCMA’s official documentation on learnership complaints for detailed information.
- Complete the required forms and submit your complaint online or at your nearest CCMA office.
4. Seek Guidance and Representation:
- If you’re unsure about the process or need guidance, seek assistance from a trusted advisor or legal professional. The CCMA provides guidelines on professional representation during proceedings. Having knowledgeable support can strengthen your case.
5. Benefits of CCMA Learnership Intervention:
- When you lodge a complaint with the CCMA, they will provide conciliation services to help resolve the dispute. CCMA’s conciliation guidelines outline the benefits of this mediation process. It aims to find a fair and amicable resolution that satisfies both parties involved.
6. Stay Informed To Deal With Your CCMA Learnership Dispute
- Keep yourself updated with recent CCMA rulings to understand similar cases and outcomes 4. It can provide insights into how the CCMA handles learnership disputes, enabling you to make informed decisions.
Addressing Learnership Complaints: Grievance Policy and Procedures
Learnership complaints are typically dealt with through a formal process such as a grievance policy.
Here’s a general overview of how the learnership grievance process usually works:
- Initial complaint: Raise your learnership complaint or grievance with an immediate supervisor or employer. Explain your concerns and the specific issues you have.
- Formal complaint: When the initial complaint is not resolved to your satisfaction, submit a formal written complaint to your employer or training organisation. This complaint should include all the relevant details of the grievance.
- Investigation: They must then investigate the complaint to determine the validity of your grievance.
- Resolution: Once the investigation is complete, they will provide a decision or recommendation on how to resolve the grievance.
- Appeal: If you are unsatisfied with the decision, you may have the right to appeal to a higher authority, such as the SETA, CCMA or DHET.
Firstly, learners should address issues with their immediate supervisor or employer. If the matter cannot be resolved at this level, they can then take the issue to a higher authority. For example the relevant Sector Education and Training Authority (SETA) or the Department of Higher Education and Training. Additionally, it’s important to keep in mind that seeking assistance from these higher authorities may be necessary to resolve the situation.
Conclusion: Take Learnership Complaints to CCMA
If you’re facing challenges during your learnership, remember that you have options for recourse. Lodging a complaint with the CCMA can help you find a fair resolution. Follow the steps we’ve outlined, gather the necessary information and use the CCMA’s resources. This will help to ensure a smooth and effective complaint process. Don’t hesitate to seek guidance and representation to strengthen your case. Your learnership experience matters and the CCMA is there to support you along the way