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A condonation application must be signed, initialled and stamped by both a Commissioner of Oaths and the individual referring the matter before it is served and filed on the Respondent and CCMA, respectively. It is clear from the above that time frames are crucial in handling condonation applications.
Condonation, in this sense, is the action of excusing a party's failure to comply with the timeframes prescribed for referral of a dispute to the CCMA.
Condonation means that the Employee is seeking the permission of the CCMA for the late referral. of their dispute. The Employee must complete an Application supported by an affidavit stating the. reasons why their referral is late. The Commissioner at the CCMA should then hear their Application.
If condonation is refused, the CCMA will close its file, bringing the matter to an end. An application for condonation must be served on the employer party who has 5 days within which it may oppose the application by way of filing an opposing affidavit.