We have received an influx of queries in the last few weeks on the CCMA procedure. It is blatantly clear that the general population, a lot of whom have excellent labour cases, are reluctant to proceed because they don’t know the process.
Therefore, the purpose of this article is to explain, in simple terms, the general process of referring a matter to the CCMA.
• First step
Obtain a referral form. You may obtain this form from your closest CCMA office or download and print it from the website. Once you have obtained the form, complete it.
The form is quite user friendly, but you are welcome to get the assistance of an attorney to assist you.
• Second step
Serve a copy of the completed form to your opposition (normally the employer) and deliver a copy to your local CCMA. Please take note that you need to deliver this document within 30-calendar days from date of termination of employment.
•Third step
The CCMA will allocate a case number and inform each party of the date of the hearing.
•The hearing
The hearing is called a con-arb hearing which translates as follows:
• Firstly, the CCMA will try and hold a meeting (conciliation) to settle the matter. This is an informal meeting with the sole purpose of trying to settle the matter. You will not be allowed legal assistance in this meeting.
• Secondly, if the matter is not settled it moves straight into an arbitration. You will generally be allowed legal representation in this hearing. In this hearing, all evidence is presented and the presiding officer will make a decision to award or dismiss the claim.
In some instances, the con-arb process is objected to by the respondent which then means the two hearings will be held on different days.
Once the claimant (employee) has their award the employer is bound and must comply with the order.
Accordingly, the process as laid out above is, in our opinion, fairly simple and we implore employees who have been subject to the discrimination of unfair employers to approach the CCMA to have the matter heard.
For more information on the above article please do not hesitate to contact our offices on 011 897 1900 or info@tuckers.co.za.
Article contributed by Kenny Smith.
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