The short answer
You should contact Legal Aid to get legal advice on how you should proceed.
The whole question
Dear Athalie
I am employed by SAPS as a data typist in the radio control room. A few years ago, all radio control workers were transferred from the Public Service Act to the Police Act. We (nine shift workers) were then excluded from this process, with the employer claiming that we are not a radio control room. We then lodged a grievance, and the case was heard at the CCMA in Cape Town, which was a few hours away from where we live. According to my knowledge, you should appear at your nearest CCMA office.
Regardless, we attended the first two hearings, but the employer never pitched for either. Before the third hearing, we were told that we must finance our own accommodation, transport and meals, even though the state had paid the first two times. We then tried to attend the hearing via Skype, but could not because of a faulty link.
Our union representative then informed us that the case was referred back to the Safety and Security Sectoral Bargaining Council (SSSBC). After some months passed, we were told that the SSSBC was disbanded and that the case was referred back to the CCMA, and that we were now waiting for a new date.
We waited for almost a year when one of the applicants decided to call the CCMA with our case reference to ask about our case and a new hearing date, only to find out that our case was withdrawn without our knowledge or permission. All this was done on the day we couldn’t attend the Skype session, even though they had told us the case was referred to the SSSBC.
There is a signed withdrawal statement signed by the Commissioner at the CCMA, and also a settlement on file. Everything is at a standstill now.
The long answer
This does not seem right at all: for a start, you were misinformed that the SSSBC had been disbanded. It was not disbanded and in fact celebrated its 25th anniversary in 2024.
Secondly, the SSSBC is not a substitute for the CCMA's conciliation process for matters brought before it.
Thirdly, if the dispute falls within the SSSBC's jurisdiction, the case should have been transferred to them, not withdrawn. But the CCMA cannot refer a case to the SSSBC to settle without notifying you. The CCMA is required to inform the parties of a hearing; a settlement is only made after mutual agreement during conciliation.
The CCMA in Oudtshoorn should not have signed off on a case if you could not attend the hearing via Skype due to a faulty link. Instead, the commissioner should have tried to find out if there was a valid reason for your absence, as I think the faulty Skype connection might well be.
So what can you do now?
Cliffe Dekker Hofmeyr said that on 18 May 2023 a Labour Appeal Court ruling in Mohube v CCMA and Others, clarified that a CCMA commissioner does have the power to dismiss a matter where the referring party fails to appear for the hearing, but only as a last resort. The referring party may apply to have the ruling rescinded in terms of Section 144 of the Labour Relations Act (LRA)
The LRA allows a commissioner to change or rescind an arbitration award or ruling under specific, limited circumstances. A party can apply for this if the award was made in their absence, contains an error, was a result of a common mistake, or was made mistakenly without a party present. This process is for correcting errors and does not allow the commissioner to substitute the award with an entirely new one.
Perhaps the best thing to do now is to get legal advice on how to proceed. You could approach Legal Aid, which is a means-tested organisation that must assist people who can’t afford a lawyer.
These are their contact details:
Legal Aid
Tel: 0800 110 110 (Monday to Friday 7am to 7pm)
Please Call Me: 079 835 7179
Email: communications2@legal-aid.co.za
Wishing you the best,
Athalie
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Answered on Oct. 24, 2025, 1:13 p.m.
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