How long do you have to take a case to CCMA?

In the case of an unfair dismissal dispute, you have only 30 days from the date on which the dispute arose to open a case. With discrimination cases, you have six months. If you have decided to lodge a dispute, you need to complete a CCMA case referral form, also known as a LRA Form 7.11.

What matters can the CCMA hear?

The CCMA cannot hear a matter where the aggrieved person is not an employee (i.e. when the aggrieved party is an independent contractor). It cannot hear a matter where a private agreement has already been made to deal with disputes. It cannot hear a dispute over non-payment of salary or wages.

Can a Party rescind an arbitration award with the CCMA?

A party can also lodge an application with the CCMA to rescind the arbitration award. Both applications will consist of affidavits and other supporting documents but the review must be in in accordance with the Labour Court rules and the rescission in accordance with the CCMA rules.

When to refer a case to the CCMA?

If either party believe they have been discriminated against, then it must be referred to the CCMA within 6 months from the date the dispute arose. Note: The 30-90 days includes weekends and public holidays.

How do I Send my CCMA form to my employer?

Once delivered, you must send the completed form and proof that it has been delivered to the employer to the CCMA by email, fax, or hand. The CCMA will then contact you and the other party within 30 days of the referral and inform you of the date, time and venue of the first hearing, namely conciliation.

Can a Labour Court refer a matter to the CCMA?

The Labour Court confirmed that a matter of the kind before it had to be conciliated before it could be referred to the Labour Court. It went on to say that commissioners are not bound by how the parties describe their dispute on the referral form to the CCMA – commissioners have a duty to ascertain the true nature of the dispute.

When does the Labour Court have no jurisdiction?

Referring to previous case law, he concluded that the Labour Court has no jurisdiction over disputes that have not been conciliated. He found that if a dispute is not referred to conciliation, the fact that it is discussed at conciliation does not confer jurisdiction on the Labour Court.

Can you rely on CCMA conciliation for unfair dismissal?

The basis for the employer’s argument: the dispute before the court had not been conciliated at the CCMA. The employees initially referred an unfair discrimination dispute to the CCMA for conciliation but the dispute before the court alleged automatically unfair dismissals.

Why was an unfair discrimination case referred to the CCMA?

They referred an unfair discrimination dispute to the CCMA. After an unsuccessful conciliation, the commissioner issued a certificate of outcome recording that the “unfair discrimination” dispute remained unresolved and should be referred to the Labour Court.