CCMA FEES AND COSTS

FEES • the collective agreement does not provide a procedure for resolving through the CCMA e.g. legal costs and disbursements for subsistence
that dispute; and travelling. Costs can only be awarded in respect of arbitration
The CCMA may charge fees in circumstances outlined below. • the procedure provided in the collective agreement is not operative; hearings.
• a party to a collective agreement has frustrated the resolution of A commissioner may make an order for the payment of costs according
WHEN CAN THE CCMA CHARGE FEES? the dispute; to the requirements of law and fairness and in accordance with CCMA
• resolving a dispute between parties to a council, or parties who fall Rule 39.
Fees that may be charged by the CCMA are set by the Governing Body within the registered scope of a council, if the council’s dispute
in terms of section 123 of the Labour Relations Act. (see Tariff of Fees resolution procedures are not operative; The Courts have explained the meaning of “law and fairness” as
overleaf). • resolving a dispute between parties to a collective agreement that follows: costs may be awarded in the discretion of the decision-maker.
provides for the resolution of that dispute by an accredited agency, Generally costs should follow the result (i.e. the loser should pay the
The CCMA may charge fees in the following circumstances: winner’s costs), but (particularly in the CCMA) regard should be had to
where the agency’s dispute resolution procedures are not
When conducting, overseeing, or scrutinising any election or ballot at operative. additional considerations, namely that parties should not be
the request of a registered trade union or employers’ organisation. discouraged from invoking the dispute resolution mechanisms of the
The CCMA may charge a fee for conducting an Inquiry by Arbitrator LRA; that costs should not be lightly ordered if a party acts in good faith,
When providing advice or training to employees, employers, registered hearing in terms of section 188A of the LRA. especially where the matter involves issues of importance to the wider
trade unions, federations of trade unions, registered employers’ industrial relations community; that a costs award should not damage
organisations, federations of employers’ organisations, or councils an ongoing relationship between the parties; and that the conduct of
WITNESS FEES?
relating to the primary objects of the Labour Relations Act or any other the parties should be taken into account.
employment law. This training or advice may include (but is not limited
to) the following- Where a party wishes to subpoena a witness, it will be required to pay
a witness fee to that witness together with the witness’s reasonable CCMA RULE 39
• establishing collective bargaining structures; travel and subsistence expenses. The CCMA may waive the
• designing, establishing, and electing workplace forums and requirement for payment of witness fees on motivation. Payment to In any arbitration proceedings, the commissioner may make an order
creating deadlock-breaking mechanisms; witnesses is governed by CCMA Rule 38. for the payment of costs according to the requirements of law and
• the functioning of workplace forums; fairness and when doing so should have regard to -
• preventing and resolving disputes and employees’ grievances; WHEN AND WHERE DO YOU PAY FEES?
1. the measure of success that the parties achieved;
• disciplinary procedures;
2. considerations of fairness that weigh in favour of or against
• procedures in relation to dismissals; The CCMA will issue an invoice to the party who is required to pay a
granting a cost order;
• the process of restructuring the workplace; fee in line with the CCMA Tariff of Fees. The public MUST NOT pay
3. any with prejudice offers that were made with a view to settling
• affirmative action and equal opportunity programmes; and any CCMA employee directly – only pay to the CCMA’s official bank
the dispute;
• the prevention of sexual harassment in the workplace. account.
4. whether a party or the person who represented that party in the
The CCMA will not authorise any of its staff members or commissioners arbitration proceedings acted in a frivolous and vexatious manner
In terms of section 140(2) of the Labour Relations Act (LRA) the CCMA to collect money directly from parties. –
may charge an employer an arbitration fee in dismissal matters, where
the commissioner finds that the dismissal was only procedurally unfair. Witness fees must be paid directly to the witness in terms of CCMA
a. by proceeding with or defending the dispute in the arbitration
This fee is payable to the CCMA and is in addition to any compensation Rule 38.
proceedings, or
awarded to the employee in terms of section 194(1). b. in its conduct during the arbitration proceedings;
COSTS
The CCMA may charge a fee for each day or part thereof when hearing
5. the effect that a cost order may have on a continued employment
a dispute about the interpretation of a collective agreement when - Costs refer to an order by a commissioner for a party to pay the other relationship;
party for certain expenses incurred in having the dispute resolved

CCMA-I801-2022 -01 ©CCMA Info Sheet: CCMA Fees and Cost Info Sheet 2022 1

For more information contact the central contact number 0861 161616 or visit our website on www.ccma.org.za or download the CCMA app at #CCMAConnect or the CCMA & BUSA Webtool: smelaboursupport.org.za
CCMA FEES AND COSTS
6. any agreement concluded between the parties to the arbitration 2A Sate of the CCMA publications developed All direct variable
concerning the basis on which costs should be awarded; for purpose of executing discretionary costs. PLUS, 8% of the
7. the importance of the issues raised during the arbitration to the function in terms of section 115 of the LRA. total direct fixed
parties as well as to the labour community at large; PLUS, 8% of the and variable costs.
8. any other relevant factor. total direct fixed and 8 Resolving a dispute by inquiry by R3 213,50 –
variable costs. arbitrator in terms of S188A. R7 301.73
The Rule also stipulates what costs can be awarded. Where a party is 3 Costs where a dismissal is found to be R3 213,50 –
not legally represented, the costs are limited to reasonable unfair only because the employer did not R7 301.73 PLUS, All direct
disbursements actually incurred, and items and amounts must be follow a fair procedure in terms of S140 variable costs.
(2) of the LRA.
specified by the party claiming costs. Where parties are legally
4 Resolving a dispute about the R3 213,50 –
represented the legal fees (not disbursements) can be claimed and can PLUS, 8% of the
Interpretation or application of a R7 301.73
only be awarded if all parties are legally represented. In terms of the total direct fixed
collective agreement under S147 (1) of
LRA, legal fees are limited to R7000,00 for the first day of arbitration and variable
the LRA. PLUS, All direct
and R4 700.00 per day for any subsequent days (both amounts costs.
inclusive of VAT). Fees for a candidate attorney are 50% of the latter variable costs.
fees.
PLUS. 8% of the
total direct fixed
RELEVANT LEGISLATION and variable costs.
5 Resolving a dispute between parties to a R3 213,50 –
Labour Relations Act 66 of 1995, section 138 (10) and Rule 39 of the council of the council's dispute resolution
Rules for the Conduct of Proceedings before the CCMA. R7 301.73
procedure are not operative in terms of
CCMA Tariff of Fees. R 2574 in GG 47254 of 7 October 2022. S147 PLUS, All direct
(2) of the LRA. variable costs.
TABLE – CCMA TARIFF OF FEES, 7 OCTOBER 2022
PLUS, 8% of the
SERVICE TARIFF OF FEES
total direct fixed
1 Training and Advice in terms of 115 (3) R3 213, 50 –
and variable costs.
R7 301.73
6 Resolving a dispute between parties R3 213,50 –
1A PLUS Administration fee for the All direct variable
who fall within the registered scope of a R7 301.73
coordination and / or preparations of costs.
council if the council's dispute resolution
training and training material to be
procedures are not operative in terms of PLUS, All direct
delivered in terms of the item 1 to this Tariff PLUS, 8% of the
S147(3) of the LRA. variable costs.
of fees and section 115(3) of the LRA. total direct fixed and
variable costs.
2 Conducting, overseeing, or scrutinizing R3 213,50 – PLUS, 8% of the
any election of ballot of a registered trade R7 301.73 total direct fixed
union or registered employers’ PLUS, All direct and variable costs.
organisation in terms of S123(1)(b) of the variable costs. 7 Resolving a dispute between parties to R3 213,50 –
LRA. a collective agreement in terms S147 (5) R7 301.73
PLUS, 8% of the of the LRA.
total direct fixed and PLUS, All direct
variable costs. variable costs.
CCMA-I801-2022 -01 ©CCMA Info Sheet: CCMA Fees and Cost Info Sheet 2022 2

For more information contact the central contact number 0861 161616 or visit our website on www.ccma.org.za or download the CCMA app at #CCMAConnect or the CCMA & BUSA Webtool: smelaboursupport.org.za