Today we’re discussing the process for referring a case to the CCMA. Many people know about the CCMA, but aren’t sure how exactly to take their issue to the CCMA, what they need and how the process works. Scorpion Legal Protection explains.
If you want to refer a matter to the CCMA, you must do so as soon as possible. For unfair dismissals, you have 30 (thirty) days from the date on which the dispute arose to refer your matter to the CCMA. For unfair labour practices, you have 90 (ninety) days, and for discrimination you have 6 (six) months.
If you want to refer a dispute, you need to complete a CCMA case referral form (called an LRA Form 7.11). You can get this on the CCMA’s website
here.
You then need to ‘serve’ the form on your employer. This just means you need to have proof that you’ve given the form to your employer and they acknowledge having received it. It doesn’t have to be delivered in person – though if you do this you must get them to sign that they have received it – you can email, fax or post the form. You will be required to show proof that the employer received the form, so make sure you use email read receipts or keep a copy of the fax/postage confirmation to send through to the CCMA along with the form you filled out.
The CCMA will then contact you and your employer and let you know the date and time of the first hearing. The first hearing is called conciliation. During conciliation, the CCMA commissioner will attempt to assist you and the other party to resolve the dispute by reaching an agreement acceptable to both parties. At this point, only a trade union or employers’ organisation rep is allowed to accompany you, you will not be allowed to have a lawyer present.
If you can’t agree and reach an agreement, a certificate is issued and then depending on the type of dispute, the matter will either be referred to arbitration or to the Labour Court.
Tips
- You only have a certain time period in which you can refer cases to the CCMA, so be sure to do so sooner rather than later.
- The types of disputes that can be referred to the CCMA include dismissals, wages and working conditions, workplace changes and discrimination.
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* This is only basic advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.