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Welcome to Scorpion’s Legal Tips! Every week we’ll share stories of injustice and show you how you can strike back legally.
Looking to take an issue to the CCMA? Scorpion’s labour legal specialists deal with matters that go to the CCMA on a daily basis. Read our lawyers’ tips for winning your CCMA case as an employee.
The CCMA is there to help you, but you need to put in the work to make sure you have a solid and clear case for them and aren’t holding up matters on your end. Don’t file your matter late, especially if you don’t have a good reason for it. If you do, you will have to apply for condonation explaining to the CCMA why they should still look at your case, and that is extra admin you don’t want. For unfair dismissal disputes, you have 30 days from the date you were dismissed to file the case. For discrimination cases, you have six months.
It's also important to make sure you know when your hearing takes place and can get to it on time. Not showing up, or showing up late, could negatively affect your case.
Do your research. Make sure you have all the right forms and have filled them in properly. You will need to complete and submit the CCMA referral form, also known as LRA 7.11. (We explain step-by-step how to fill in this form in a previous article here.)
If your matter goes to arbitration, you will need to prepare your case as well. Listen carefully to what the employer says, and prepare cross examination questions for any witnesses the employer brings. Organise your evidence so it’s easy for the commissioner to follow your argument. You must also be prepared to give your own testimony of events. Focus on each and every reason your dismissal is unfair.
Don’t want to go it alone? Scorpion can help you with the CCMA process.
The CCMA process can be daunting, especially where employers use intimidating legal professionals to fight their case against you. But you need to know your rights and stand firm. Know that you can’t be forced to accept a settlement you don’t want. Don’t be bullied by employers using intimidation tactics like trying to scare you with a bunch of lawyers.
It’s also important to know that commissioners may not advise you or coerce you into accepting the employer’s offer – the whole point of the CCMA proceedings is to find a fair solution that both parties feel satisfied with and accept willingly. Commissioners also aren’t allowed to tell you that you won’t win the case. If they do, you must insist on a fair process and can take the matter up further if you feel you’ve been wronged.
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If you have a query, follow Scorpion Legal Protection on Facebook and ask your question during our next Live Q&A (every first Thursday of the month from 11:30- 13:30). *This is only basic legal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.
* This is only basic legal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.
Date added: 5 May 2023
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