For more information contact the central contact number 0861 161616 or visit our website on www.ccma.org.za or download the CCMA app at #CCMAConnect WHAT IS AN ARBITRATION? Statutory Arbitration is a formal hearing during which the parties to a dispute will lead evidence and present argument to the arbitrator. The arbitrator will
18 How to request arbitration RULES FOR THE CONDUCT OF PROCEEDINGS BEFORE THE CCMA Page 1 of 24. 19 When must the parties file statements 20 When the parties must hold a pre-arbitration conference ... RULES FOR THE CONDUCT OF PROCEEDINGS BEFORE THE CCMA Page 2 of 24. listed in Schedule One to these Rules. (2) Documents may only be filed with ...
For the request for disclosure of documentation to be compliant with the Rules the requirements are: (1) that a request for a CCMA arbitration must have been filed; and (2) that a request for disclosure of documents or other evidentiary material must be made at least fourteen (14) days prior to the hearing date of the arbitration.
This page is about CCMA RULES : ARBITRATIONS. 21. When must the Commission notify parties of an arbitration The Commission must notify the parties in writing of an arbitration hearing at least twenty-one (21) days prior to the scheduled date, unless the parties agree to a shorter period or reasonable circumstances require a shorter period.
CCMA RULES – WHAT THE PUBLIC ... conciliation and arbitration applications and for applications for condonation. RULE 8 DOCUMENTS AND NOTICES SENT BY REGISTERED POST Any document or notice sent by registered post is presumed, until the contrary is proved, to have been received seven days after it was posted.
The CCMA has issued a set of guidelines on Misconduct Arbitrations in terms of the provisions of the Labour Relations Act (LRA). ... Item 10 of the guidelines makes it compulsory for arbitration awards and rulings to be lawful, reasonable and procedurally fair. ... the nature of the arbitration, requirements for different stages, explanation of ...
Navigating the CCMA arbitration process in South Africa can be daunting, but understanding the CCMA arbitration rules and preparing effectively can make a significant difference in the outcome of your case. ... You should also consider consulting with an attorney to ensure that all procedural requirements are met. Step 3: The Arbitration ...
The CCMA announced that the new rules of the CCMA and the arbitration guidelines on misconduct have been gazetted on 17 March 2015 and came into effect on 1 April 2015. They also indicated that all matters that were referred to the CCMA in terms of the old rules will be dealt with in terms of the old rules. Download. CCMA Rules. Arbitration ...
ARBITRATION IN TERMS OF SECTION 115(2)(g) OF THE LABOUR RELATIONS ACT, 1995 (ACT NO. 66 OF 1995) TO BECOME EFFECTIVE ON 1 JANUARY 2012 CONTENTS ... 9 The CCMA has developed these guidelines in accordance with judgments that are binding on it. If any interpretation is reversed by a binding decision of a court, commissioners must
arbitration. However, the Commission on good cause shown, may. condone a party’s non-observance of that timeframe and allow a. request for arbitration filed by the party after the expiry of the 90-day. period. Arbitration is a formal procedure, whereby the CCMA Commissioner is firmly in control of the proceedings.
Arbitration. In the event that conciliation fails to resolve the dispute, the matter proceeds to arbitration. Typically initiated by the referring party, often the employee, through the submission of a request for arbitration (Form 7.13) to the CCMA, arbitration marks a shift towards a more formal hearing.
The Commission for Conciliation, Mediation and Arbitration, commonly known as the “CCMA, was established in 1995 with the intention to ... This rule sets out requirements for representation in the CCMA and states that the right to legal representation is restricted if disputes about fairness of dismissals relate to conduct or capacity. In
FOR CONCILIATION, MEDIATION AND ARBITRATION The Governing Body of the Commission for Conciliation, Mediation and Arbitration hereby publish the Rules in terms of section 115(2A) of the Labour Relations Act, 1995 (Act No. 66 of 1995), as amended, effective from 24 April 2023. Act As published under GNR1448 in GG 25515 dated 10 October 2003
To become a commissioner at the Commission for Conciliation, Mediation, and Arbitration (CCMA), specific qualifications and experience are typically required. While the exact requirements may vary, here are the general qualifications and criteria for becoming a commissioner at the CCMA: ... It’s worth noting that the CCMA may have specific ...
The CCMA has made a financial or monetary arbitration award in favour of an employee. ... That statement should include a statement certifying that the respondent has failed to comply with the requirements of the award. Part 3 of the Form is a Writ of Execution, which must be completed by the employee.
The fact that many CCMA awards have been successfully reviewed at Labour Court places a question mark on the quality of some CCMA awards. This is possibly one reason for the CCMA’s decision to implement its CCMA guidelines: Misconduct Arbitrations in terms of the provisions of the Labour Relation Act (LRA).. The stated purpose of these guidelines is to “…promote consistent decision ...
This must be done at least two weeks before the arbitration and according to CCMA rules. 3. Get the right representation. In arbitration you are allowed to have legal representation, and considering that the process is more formal and requires evidence and presentation of a case with witnesses, etc, it is advisable to get a legal professional ...
The CCMA (Commission of Conciliation, Mediation and Arbitration) is an independent authority that supports the implementation of fair labour practices within the workplace. Its function is to facilitate the objective resolution of a dispute between an employee and employer. Typically, when a dispute arises, it starts with a conciliation. The aim is to resolve the […]