I’m sure most South Africans have heard about the CCMA but what kind of cases do they actually hear about?
How do you open a case of the CCMA?
The CCMA is an independent body that is not actually for employers or for employees. That is a common misconception. The CCMA usually hears cases related to unfair dismissal, unfair Labour practices and unfair discrimination.
It’s important to know that there are certain time limits with referring a case to the CCMA:
- 30 days for unfair dismissal;
- 90 days for an unfair Labour practice
- 6 months for Unfair Discrimination.
It is important to note that these days include public holidays and weekends.
Missing the deadline
For example, let’s assume you fired and you refer the case in 40 days instead of 30 days.
If you are late and you miss the deadline then you apply for something called a Condonation. Condonation means that you are explaining to the CCMA why you are late in referring your case to the CCMA.
According to Rule 31 of the CCMA, for a condonation to be considered, a request must include the following four aspects:
- The degree of the lateness of the referral.
- The reason for the lateness of the referral.
- The prospects of success.
- Any prejudice that may be suffered.
Opening a CCMA Case:
To open a case at the CCMA you need to fill in a document called a form 7.11. This document can be accessed online from the official CCMA website. It is important ensure that this document is served and filed on the employer.
CCMA Proceedings
The CCMA the proceedings are divided into two stages: conciliation and arbitration. Conciliation is an informal process to see if your case can be settled. There is no evidence that’s led and the process is generally quick. Arbitration, on the other hand, is a much more formal process and that means the leading of evidence, witnesses, documents etc. It is important to be prepared for arbitration.
You will get a notification from the CCMA on what your matter is allocated for. Conciliation will take place first and arbitration thereafter. After your arbitration you will get a ruling from the CCMA within 14 days. As part of your ruling there are four things you can get at the CCMA:
Reinstatement – which means you get your job back,
Reemployment – which means that you go back to the employer but probably in a different department,
Compensation – which means that you get money paid out to you at the CCMA
and the fourth option is:
you get NOTHING.
Therefore, it is important to be prepared for your CCMA Case. The commissioner at the CCMA is not going to side with you because you’re a nice person. It is important to know your case inside and out.
(This article is provided for informational purposes only and not to provide legal advice. For more information on the topic, please contact our offices.)
