Wednesday | 01 April | 2020
What does taking a matter to the CCMA involve? Will we be able to catch up later? My husband would like to know.
How does one refer a matter to the CCMA? I was dismissed without any reason or process. And I had to vacate my company flat immediately. Does the 30-day reference period still apply?
What should a person do if he/she feels that he/she was dismissed unfairly? Depending on the sector or industry where you are employed, you should contact the Commission for Conciliation, Mediation and Arbitration (CCMA) and/or the bargaining council your employer belongs to. If you are not sure in what sector of industry you are employed, you may contact the CCMA or the trade union to which you belong.
Yes, the 30-day reference period applies directly following a dismissal by your employer. Immediately contact the CCMA or your union to assist you with completion of the LRA 7.11 form, consisting of five pages, to submit a case. Following completion of the LRA 7.11, the person referring the dispute should notify the employer of the referral. There are several ways to do this: by means of registered proof from the Post Office, acknowledgement of receipt by means of a signature that the employer has received it, email reference and also by fax to the employer. Having done this, you should take or forward proof of the reference to the employer to your nearest CCMA office, or your union may do this on your behalf.
The CCMA will then inform you by SMS or email of the date and time when your case has been scheduled, and the case number. On that day you must be available to put your case to an impartial commissioner.
Also note that because we currently are under a lockdown of 21 days from 27 March 2020 to 16 April 2020, the CCMA is closed to the public for direct access, but the CCMA may be contacted for your case to be referred. You may also ask your union for assistance. Although the CCMA is closed, the 30-day reference period still applies and if you do not refer your case to the CCMA within 30 days, you will have to apply for condonation, explaining in the application why your case was not referred within the 30-day reference period, and also indicate what your chances of success are.
* All information was correct at the time of publication.