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CCMA should have received the application. The reason for the lateness If condonation was granted, the dispute would proceed to the next process The applicant needs to explain why the dispute was referred late by explaining the steps taken prior to referring the case to the CCMA. The applicant must account for the entire period of lateness, and

Here’s a practical breakdown of how the CCMA works in South Africa, including key processes like Condonation, In Limine proceedings, Conciliation, Arbitration, Con-Arb, and others.. 1. Condonation. Condonation refers to a request made when a case is referred to the CCMA after the legal time limit has passed. For example: Unfair dismissal cases must be referred within 30 days of dismissal.

CCMA RULES – WHAT THE PUBLIC ... for condonation is attached thereto, the Commission will decide whether ... conciliation period, a party to the process or the conciliating commissioner may apply to the CCMA Director to extend the conciliation period. This application must be made on the prescribed form before the expiry of the 30-day ...

Procedural Steps and Considerations in Condonation Applications at the CCMA. The CCMA may then schedule the case for a process called an “In Limine” (a hearing that is scheduled to take place before the merits of the main issue in dispute can be heard), this could be heard on the “papers” or in person, the parties will be notified ...

In the event therefore that 30 days lapse before the employee refers the dispute to the CCMA, an application for condonation ought to be undertaken in order to request the adjudicating forum to ‘excuse’ or ‘condone’ the late referral. Depending on the circumstances, the Respondent might elect to oppose the application, so that the ...

or not. The opposing affidavit must be sent to the Employee as well as the CCMA. Service can be effected via email, registered post, fax and/or personal service. If the Employer does not oppose the Application, then the Application will be unopposed. CCMA Process The CCMA must then set the matter down to be heard by a Commissioner. The CCMA ...

The CCMA process kicks off with the receipt of a referral form, in most cases the LRA form 7.11. This Compilation addresses this document, what it is, how to proceed ... Rule 31 of the CCMA rules state that a condonation application must address the following four

CCMA Process. The CCMA must then set the matter down to be heard by a Commissioner. The CCMA must issue a Notice of Set Down to both Parties indicating the date and time when the matter will be heard. ... We can assist with the drafting opposing papers for Applications, representation at the Condonation proceedings at the CCMA. We can also ...

While the CCMA process is designed to be accessible, certain applications under Rule 31 can be complex. Seeking advice or representation from experienced labor attorneys, like Burger Huyser Attorneys, can significantly enhance your chances of success. Common Applications Under Rule 31 Condonation Applications

Provided by the Commission for conciliation, mediation and Arbitration (CCMA) ... The Commissioner considers the following when deciding whether or not to grant condonation: The degree of lateness of the referral; ... The Labour Court Review Application Process Simplified. 03 July 2025 (09:00 - 12:00) Interactive Online Course ...

When should an applicant apply for condonation? Any applicant that is no longer employed by his or her employer, who has referred their matter to the CCMA or council late, must apply for condonation. This is done by completing the normal referral form (7.11) or a referral for arbitration form (7.13), together with a condonation application.

Here are the key elements you should include in your CCMA condonation application: The extent of lateness in submitting the referral: When informing the CCMA about your matter, it is important to indicate the number of days that have passed since the deadline for referral. ... If you feel that the disciplinary hearing process was unfair, you ...

The CCMA, in the condonation application, requires that the referring party calculate the days the referral is late by excluding the first day (the day on which the employee was unfairly dismissed or retrenched) and include the last day (the day on which the 7.11 referral form is served on the former employer and filed with the CCMA). All days ...

If condonation was granted, the dispute would proceed to the next process being either conciliation or con-arb. If condonation was refused, the CCMA cannot hear the dispute any further. The applicant may challenge the decision at the Labour Court. RELEVANT LEGISLATION • Labour Relations Act 66 of 1995 as amended

Information Table Two: Compliance with time periods set out in the CCMA Rules. When calculating days, please exclude the first day and include the last day in your calculation. CCMA RULE APPLICATION NUMBER OF DAYS TO SUBMIT Rule 9 Application for Condonation for a dispute referred in terms of the LRA, BCEA or EEA

On receipt of this, the CCMA may then schedule the case for a process called In Limine / Conciliation. ... an Affidavit will thus already be on the CCMA case file. Condonation applications are also used in other instances and is required where any application made to the CCMA is done outside the prescribed timeframes as contained in the rules.

A CCMA commissioner will then decide whether or not “good cause” exists to grant condonation. ... If this was done deliberately to avoid applying for condonation, it could count against the employee in the condonation process. Sometimes, it is only discovered at arbitration that the original conciliation application was late. Also, there ...

The CCMA’s condonation process aims to strike a balance between ensuring fairness and efficiency in labor disputes. Granting condonation allows parties to have their disputes heard, even if they missed a deadline or failed to comply with a procedural requirement. However, the CCMA also considers the potential prejudice to the other party and ...

An application for condonation must be in accordance with Rules 9 and 31 and explain a) how late it is; b) why it is late; c) why you believe that ... The CCMA will not process the referral if it is not signed or no proof of service is attached, or, if necessary, an application for ...