The CCMA or Bargaining Council will appoint a commissioner to arbitrate, will set the time and venue, and inform both parties. The arbitration hearing is relatively informal and the commissioner will encourage the parties to focus on the real merits of their cases, and to avoid legal technicalities.

After hearing evidence from both parties under oath, the commissioner can make a ruling that is legally binding and must be accepted by both parties.

If the commissioner decides that the employer was wrong, the commissioner can order the employer to take certain steps or to pay compensation.

(See: Checklist to Prepare for an Arbitration)