Reply To: CAN UNFAIR DISCRIMINATION APPLICANTS INSIST ON CCMA ARBITRATION?

[Ali Ncume]

The CCMA ruled on this issue in 2019 in case number WEGE722-19. That ruling was in favour of the job applicants. This was based on the point that job applicants are not earning the pay for the job that they applied for, and the applicants would not have been able to afford to go to the Labour Court. The Commissioner therefore ruled that the discrimination matter must be arbitrated.