Get CCMA LRA Form 7.16

The request is received by the CCMA 10 days prior to the hearing. By applying in terms of rule 31 to postpone an arbitration by delivering an application to the other parties to the dispute and filing a copy with the Commission before the scheduled date of the arbitration.

There are various time frames to refer a dispute to the CCMA. For instance, an employee must refer a dismissal dispute within 30 days of the dismissal. For unfair labour practices it is 90 days. Should a party refer a dispute outside the required time frame, it should ask the CCMA to condone its late referral.

Timeframes for opening cases In the case of an unfair dismissal dispute, a person has only 30 days from the date on which the dispute arose to open a case. If the case is one of unfair labour practice, a person has 90 days to open a case, and with discrimination cases, a person has 6 months to open a case at the CCMA.

CCMA representation by a lawyer at arbitration is allowed for the employee, subject to specific conditions. ... CCMA representation by a legal practitioner at conciliation proceedings is still not allowed, but in terms of arbitration proceedings, a party can have a legal practitioner to represent them.

Submit at least two weeks in advance of the hearing to the CCMA a statement of case detailing the nature of the dispute, intended evidence to be lead, and the number of witnesses to be called. Hold a pre-arbitration meeting - to streamline proceedings hold a pre-arbitration meeting with the applicant.

Arbitration. When conciliation fails, a party may request the CCMA to resolve the dispute by arbitration. At an arbitration hearing, a commissioner gives both parties an opportunity to fully state their cases. ... The decision is legally binding on the parties and it ends the dispute.

The commissioner's role is to try to resolve the dispute within 30 days of it being referred to the CCMA. If the dispute is settled, an agreement will normally be drawn up and that ends the matter. The commissioner will issue a certificate recording that the dispute has been settled.

Typically, arbitration begins when two parties agree to settle their dispute through arbitration. ... Arbitration )is the process of bringing a business dispute before a disinterested third party for resolution. The third party, an arbitrator, hears the evidence brought by both sides and makes a decision.

Arbitration. When conciliation fails, a party may request the CCMA to resolve the dispute by arbitration. At an arbitration hearing, a commissioner gives both parties an opportunity to fully state their cases. ... The decision, called the arbitration award, is legally binding on both parties.

With any other type of dismissal or dispute, legal representation is automatically allowed. However, legal representation at the CCMA is not allowed during conciliation proceedings.

You don't need an attorney and/or labour consultant to refer a dispute to the CCMA for conciliation; By approaching a labour lawyer to complete the forms on your behalf will not necessarily improve your chances of succeeding, nor will it guarantee success of your case.

Rule 25 of the CCMA Rules provides that in an arbitration hearing a party may appear in person or be represented by a legal practitioner, a director or fellow employee, office- bearer or official of the party's registered trade union or registered employer's organisation.

Submit at least two weeks in advance of the hearing to the CCMA a statement of case detailing the nature of the dispute, intended evidence to be lead, and the number of witnesses to be called. Hold a pre-arbitration meeting - to streamline proceedings hold a pre-arbitration meeting with the applicant.

The final decision of the arbitrator is confidential, unless a party finds it necessary to enforce the decision in court. You do not necessarily need a lawyer, though you may deem it advisable to retain one, since the process is adversarial in nature. The expenses of retaining your own lawyer must be borne by you.

Depending upon how formal or information the arbitration process is, the arbitration may proceed in a similar way to a trial. Witnesses may even be called. The length of time that this process takes will vary depending upon the circumstances, but it usually lasts a few days or a few weeks.