If you miss the deadline to refer your matter to the CCMA, you can still request condonation, which is essentially permission to submit your claim late. However, in order to have your request granted, you will need to provide a thorough explanation of why you missed the deadline, demonstrate that you have good prospects of success in your case, and show that you will suffer significant prejudice if your matter is not heard. Here are the key elements you should include in your CCMA condonation application:
The extent of lateness in submitting the referral:
When informing the CCMA about your matter, it is important to indicate the number of days that have passed since the deadline for referral. It is worth noting that weekends and public holidays are also included in the calculation of days. For instance, if you were dismissed on 15 January 2023 and only referred your matter on 28 February 2023, you would be 13-odd days late. You should also remember to include the day you sign your founding affidavit in your calculation.
The reasons for the delay:
It is crucial to provide a detailed explanation to the CCMA for submitting your matter late. If you have any supporting documents to back up your explanation, it would be beneficial to include them.
The likelihood of succeeding in the case:
You must briefly explain why you were dismissed and why you believe you have a good chance of winning your case. If you feel that the disciplinary hearing process was unfair, you must indicate this and further elaborate on why your employer had no valid reason to dismiss you.
The extent of prejudice:
It is important to emphasize to the CCMA how much more disadvantage you would suffer if your matter is not heard. You can provide reasons why this would be the case, such as having a family to provide for or if your partner is also unemployed and relying on your salary.
