Reviewing a CCMA Award in the Labour Court: A Practical Guide

If you have received an unfavourable CCMA award, your next step is not an appeal: it is a review.

This distinction is critical.

In South Africa, employers cannot simply challenge a CCMA decision because they disagree with it. The Labour Court will only intervene in limited circumstances, and the success of a review depends heavily on how the case is approached from the outset. For that reason, reviewing a CCMA award is not a routine process. It is a technical legal remedy that requires careful consideration.

What Is a Review of a CCMA Award?

A review is a legal process in which the Labour Court assesses whether the arbitration award should stand.

The court does not reconsider the case from scratch. Instead, it focuses on whether:

• the commissioner acted within their powers

• the process was fair

• the outcome is one that a reasonable decision-maker could reach

This is a narrower enquiry than most employers expect.

The question is not whether the decision was correct, but whether it is legally sustainable.

When Can a CCMA Award Be Reviewed?

Not every unfavourable award can be taken on review.

A review may be considered where there are issues such as:

• material irregularities in the proceedings

• failure to properly consider evidence

• reliance on incorrect legal principles

• outcomes that are not reasonably justifiable

However, these grounds are often misunderstood. Many applications fail because they are based on dissatisfaction with the result rather than a proper legal basis for review.

The Time Limits Are Strict

Review applications must be brought within a prescribed timeframe.

Delays can create significant procedural obstacles, including the need to apply for condonation. This is not guaranteed and may weaken the prospects of success.

In addition, delays increase the risk that the award will be enforced before the review is properly underway.

The Record of Proceedings Is Critical

A review is decided largely on the record of what happened at the CCMA.

This includes:

• the transcript of the arbitration

• documentary evidence

• the commissioner’s reasoning

If the record is incomplete, inaccurate or poorly presented, it can significantly affect the outcome of the review.

Managing the record is often one of the most technically demanding aspects of the process.

Enforcement Does Not Automatically Stop

One of the most common misconceptions is that filing a review suspends the CCMA award.

It does not.

Unless further steps are taken, the employee may still enforce the award while the review is pending.

In some cases, employers may need to apply for a stay of enforcement. This requires a separate legal process and is not granted automatically.

Not Every Case Should Be Taken on Review

While a review may be available, it is not always the best option.

Employers should consider:

• the prospects of success

• the cost of litigation

• the operational impact

• whether a commercial resolution is preferable

In some cases, pursuing a review may prolong the dispute without improving the outcome.

Common Mistakes Employers Make

Employers often undermine their position by:

• assuming a review is the same as an appeal

• filing weak or unfocused review applications

• missing deadlines

• underestimating the importance of the record

• ignoring enforcement risk

These issues can be difficult to correct once the process is underway.

A Practical Warning

Labour Court reviews are won or lost on legal framing.

Even where an award appears clearly wrong, the court will not interfere unless the legal test for review is properly met.

This is where many employers encounter difficulty. A strong case on the facts does not automatically translate into a successful review.

Why Early Legal Advice Matters

The decision to review a CCMA award should be taken quickly, but not lightly.

Early legal input helps to:

• assess whether a review is viable

• identify the strongest legal grounds

• manage procedural requirements

• address enforcement risk

The approach taken at the outset often determines the outcome.

How We Can Help

At Barter McKellar, we advise employers on Labour Court review proceedings, including:

• assessing the viability of review applications

• preparing and opposing reviews

• managing the record and procedural requirements

• applying for stays of enforcement

If you are considering reviewing a CCMA award, it is important to understand your position before proceeding.

Contact Barter McKellar to assess your options and structure the right approach.