What is the procedure if someone is late in refering their dismissal to the CCMA?

What is the procedure if someone is late in refering their dismissal to the CCMA?

If the prescribed referral time periods have lapsed, the referring party must apply for condonation of the late referral. He / she is required to make application to the CCMA to condone the fact that he/she failed to refer the dispute timeously.

How long do you have to refer a matter to the CCMA?

An employee must refer the case to the CCMA within 90 days after the practice took place, or within 90 days after the employee became aware of the practice. An employee must refer the case to the CCMA within six months after the discriminatory action took place.

What is a late referral?

WHAT IS A LATE REFERRAL. The Labour Relations Act, as amended, stipulates that unfair dismissal disputes need to be referred to the CCMA within 30 days of the date of the dismissal. If the dispute is referred outside the 30-day period it is a late referral, and an application to condone the late referral is required.

Why the reason for the high referral rate of disputes to the CCMA?

The very technical nature of the internal conflict resolution mechanisms, the incapacity of the parties and the adversarial nature of the labour relationship have resulted in the high referral rate and consequent problems that the CCMA is experiencing.

Can I go to CCMA after 30 days?

A dismissed employee must refer a dispute to the CCMA within 30 days of the date of dismissal. If this time period has lapsed, the employee must apply for condonation of the late referral in terms of Rule 9 of the CCMA.

How do I apply for a late referral for condonation?

The CCMA states that if the above time period has lapsed, the referring party (the employee who was unfairly dismissed or retrenched) must apply for condonation and he or she is required to make application to the CCMA to condone the reason that he or she failed to refer the dispute timeously within the 30 day period.

How long do you have to open a CCMA case?

Steps for disputes at the CCMA

have only 90 days and, with discrimination cases, you have six months. If you have decided to lodge a dispute, you need to complete a CCMA case referral form (also known as LRA Form 7.11.).

How do I get a condonation at CCMA?

Condonation | Labour Guide. An employee must refer the dispute to the CCMA within 30 days. If the employee fails to do this within that time period, he is required to make application to the Commission to condone the reason that he failed to refer his case timeously.

How much does a CCMA case cost?

The fee is between R1 650,00 and R1 835,00 for each day or part thereof. The CCMA may charge R1 650,00 for each day of the hearing if the commissioner in an arbitration finds that the dismissal is unfair only because the employer did not follow a proper procedure.

What is the process when a matter is referred to the CCMA?

An employee is able to refer a dispute to the CCMA by submitting a Labour Relations Act (LRA) 7.11 referral form to the CCMA and delivering a copy of it to the employer. The employee can deliver the referral form to the employer physically or by email, fax or registered mail.

What is a degree of lateness?

The degree of lateness: This is usually measured in “days late”. The lateness is calculated after the 30-day deadline has expired. The reason for lateness: Here the Applicant will include all the reasons / excuses as to why he /she was unable to refer their matter to the CCMA within the 30-day period.

How long do you have to refer a matter to the Labour Court?

within 90 days
Section 191(11)(a) of the LRA states, inter alia, that the referral of a dispute to the Labour Court for adjudication in terms of section 191(5)(b), must be made within 90 days after the council and/or commissioner has certified that the dispute remains unresolved.

What are the grounds for condonation of delay?

Instances where condonation is allowed-

• Subsequent changes in the law.
• Imprisonment of the party filing the suit or appeal.
• Illness of the person filing the suit or appeal or application.
• Party is a pardanashin woman.
• Party is illiterate.
• Delay caused due to the pendency of the writ petition.

Can you go to CCMA after resigning?

The employee then cannot afterwards go to the CCMA, complaining that they were dismissed without being given the opportunity to present a defence. The downside for the employee is that the employer, upon receiving the letter of resignation, immediately concludes that the employee is guilty.

Do I need a lawyer for CCMA?

You don’t need an attorney and/or labour consultant to refer a dispute to the CCMA for conciliation; By approaching a labour lawyer to complete the forms on your behalf will not necessarily improve your chances of succeeding, nor will it guarantee success of your case.

Can a lawyer represent you at CCMA?

With any other type of dismissal or dispute, legal representation is automatically allowed. However, legal representation at the CCMA is not allowed during conciliation proceedings.

How long does CCMA process take?

case may be referred to the CCMA for arbitration or the Labour Court as the next step. on which the commissioner issued the certificate. Arbitration is a more formal process and evidence, including witnesses and documents, may be necessary 1o prove your case. decision, called an arbitration award, within 14 days.

When should I take case to CCMA?

If a dispute relates to unfair labour practice, it must be referred to the CCMA within 90 days after the unfair incident, or within 90 days after the employee becomes aware of the unfair labour practice.

How do you write a condonation letter?

I have computed the taxable income for the year at Rs. 9,54,000 and I am entitled for a refund of Rs. 50,125. I, therefore, request you to please consider the situation and I hope the delay may be condoned along with issuing of orders to seek the refunds after filing the return.

How do you argue condonation of delay?

In the end the court prefer liberal approach in favour of justice and favour only reasonable excuses to condone any delay in filing an appeal . However the court must be convinced beyond reasonable doubt that the delay was genuine and it must be condoned in favour of justice.

Is it better to resign or be terminated?

Another benefit to resigning is you won’t have to explain to future employers why you were terminated. Resigning from a job allows you to frame your departure in a positive manner. However, there are benefits to being terminated, as well. You are not eligible for unemployment benefits unless you are fired from a job.

Can I claim unfair dismissal if I resign?

If an employee feels they have no choice but to resign because of something their employer has done, they might be able to claim for ‘constructive dismissal’. The legal term is ‘constructive unfair dismissal’.

Can a family member represent you at CCMA?

In terms of this rule, any party can be represented by an employee or Director of the employer or by an official, office bearer or member of a registered union. Therefore, during conciliation, no attorneys or consultants are allowed.

Can a friend represent an employee at the CCMA?

Legal representation may be permitted only when both parties and the Commissioner consent thereto, or otherwise on successful application to the Commissioner.

Can I go to CCMA without a lawyer?

With any other type of dismissal or dispute, legal representation is automatically allowed. However, legal representation at the CCMA is not allowed during conciliation proceedings.
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