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Step 1: Referring a matter to the CCMA starts with completing the right documents. You need to complete a CCMA case referral form, also known as LRA Form 7.11. These forms are available at the CCMA offices, the Department of Labour and the CCMA website (http://www.ccma.org.za).
Step 2: Once you’ve completed the form, you need to deliver a copy of the form to the other party (your employer). You must be able to prove that you delivered a copy of this form. You can fax a copy (keep the fax transmission slip), send it by registered mail (keep the postal receipt), send it by courier (keep proof) or deliver it in person (you must ask the person receiving it to sign for it).
Step 3: You must then send this completed form, and the proof that you delivered it to the other party, to the CCMA. You can take it in person to the CCMA offices, fax the form or post it. Make sure that you include a copy of the proof that the form was delivered to the other party.
Step 4: The CCMA will give you a date, time and venue for the first hearing, called conciliation. Only the parties (you and your employer), trade union or employers' organisation representatives (if one of the parties is a member) and the CCMA commissioner will attend the meeting. No legal representation is allowed here.
Step 5: If no agreement can be reached, the commissioner will issue a certificate stating this. Depending on the issue, the case may be referred to the CCMA for arbitration or to the Labour Court as the next step.
Step 6: If you want to have an arbitration hearing, you need to complete a request for arbitration form, also known as LRA Form 7.13. You must deliver a copy of the completed form to the other party (your employer) like in Step 2. You need to do this within 3 months of the date the commissioner issued the certificate.
Step 7: The CCMA will then give you and the other party a date for the arbitration hearing. Arbitration is a formal process where you may need evidence, including witnesses and documents, to prove your case. You are allowed to have a lawyer at these meetings to represent you. When the meetings are over, the commissioner will make a final and binding decision, called an arbitration award, within 14 days. If a party does not comply with the arbitration award, it can be made an order of the Labour Court.
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* This is only basic advice and cannot be relied on solely. The information is correct at the time of being sent to publishing
Date added: 29 September 2020
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