arbitration hearing, the party requesting postponement must make such an application to the Commission in accordance with CCMA Rule 31. Rule 31 requires the delivery of an application to the other parties to the dispute and filing a copy with the Commission 14 days before the scheduled date of the arbitration hearing.
After considering the written application, the Commission may – without convening a hearing, postpone the matter; or; convene a hearing to determine whether to postpone the matter. On 21 April 2023, the CCMA Rules were amended. Rule 23 regarding postponements mirrors the previous Rules relating to Postponement Applications.
application for condonation, joinder, substitution, variation, rescission, or postponement; application in a jurisdictional dispute; and; other preliminary or interlocutory application. An application must be brought at least fourteen (14) days prior to the date of the hearing on notice to all persons who have an interest in the application.
a) All the parties to the dispute agree in writing to the postponement; and. b) the request for the postponement is received by the Commission more than 10 days prior to the scheduled date of the arbitration. 17.2 . a) A formal application in writing for postponement must be made if-
CCMA and B/councils Document Type Information Sheet Filename ... APPLICATION FOR POSTPONEMENT _____ PLEASE TAKE NOTICE that, on a date and a time to be determined by the Commission for Conciliation Mediation and Arbitration (“the CCMA”), the Applicant will apply for an order in the following terms: 1. ... please complete the contact form ...
Rule 23 of the Rules for the Conduct of Proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA) deals with the procedure on how to postpone an arbitration and provides as follows: ... a decision to grant or refuse an application for a postponement of a disciplinary hearing should be made by a chairperson.
IN THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION HELD AT PRETORIA Case Number: GATW5587-13 BETWEEN AAAA APPLICANT And BBBB RESPONDENT _____ APPLICATION FOR POSTPONEMENT _____ PLEASE TAKE NOTICE that, on a date and a time to be determined by the Commission for Conciliation Mediation and Arbitration (“the CCMA”), the Applicant will apply for an order in the following terms: 1.
CCMA Documents and Forms - The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent dispute resolution body established in terms of the Labour Relations Act, 66 of 1995 (LRA). ... This form is an application by a party to the CCMA to settle a demarcation dispute. This form is filled in by any registered trade union ...
CCMA Rule 23 states that: (1) An arbitration may be postponed – (a) by written agreement between the parties (b) by application to the CCMA and a notice to the other parties (2) The CCMA must postpone an arbitration without the parties appearing if – (a) all the parties to the dispute agree in writing to the postponement; and
Notice of motion postponement Category CCMA and B/councils: An information sheet of a notice of motion requesting a postponement of a matter. Template: R 110.00: Preview: Notice of Motion Rule 32 application (Rescission) Category CCMA and B/councils: A notice of motion for a rescission application setting out the prayers. Template: R 110.00 ...
The CCMA Rules do not provide for postponement at conciliation, and generally an application for postponement will not be considered. If the parties require time to settle then the conciliation will be postponed to a fixed date for the filing of a settlement agreement. ... 2.1 Check the CCMA referral form and consider jurisdictional issues On ...
If an Employer intends to apply for postponement, such an application must be made at least fourteen (14) days before the Arbitration date, in terms of the Rules. It is further advised always to attempt to contact the opposing parties and try to agree to the postponement well in advance, for which such an agreement should be filed upon the CCMA ...
CCMA Rule 23 states that: (1) An arbitration may be postponed – (a) by written agreement between the parties (b) by application to the CCMA and a notice to the other parties (2) The CCMA must postpone an arbitration without the parties appearing if – (a) all the parties to the dispute agree in writing to the postponement; and
Application: General principles [71] The principal reason for the Applicant’s application that the matter be postponed was the unavailability of its main witness. This is proper basis for postponement per se. [72] In Foschini Group (Pty) Ltd v Commission for Conciliation, Mediation & Arbitration and Others where it was held as follows:
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