Normally, the conciliation procedure takes place separately before the unresolved dispute is subsequently submitted to arbitration. In this case, the employee must complete a separate Form 7.13 “Referral of a Dispute to Arbitration”, submit it to the employer-party, and then file it with the CCMA before the matter can be decided. The CCMA has also introduced a hybrid process called “Con-Arb” that combines the two processes into one. That is, the arbitration takes place and, if it is not resolved, the arbitration procedure is carried out immediately afterwards to expedite the resolution of the dispute. Completed CCAA forms must first be sent to the other party. This can be done by giving a copy of the form to the other party; by faxing the CCMA form to the other party; or by sending a copy of the form by registered mail to the address of the other party. These documents are used when cases are referred to the CCMA. All forms are provided by the Conciliation, Mediation and Arbitration Board The employee must first complete a Form 7.11 “Referral of a Dispute to the CCMA” in its entirety. These forms are available directly from the CCMA or the Ministry of Labour or can be downloaded from the CcMA website. The most common form of referral of a dispute to the CCMA (Conciliation, Mediation and Arbitration Board) is an alleged wrongful dismissal of an employee by his or her employer. Therefore, the employee refers the dispute to the CCMA.
Mike Miles will help you with the CCMA`s recommendations. A party, either the employee or the employer, has the right to object to the arbitration proceedings that begin immediately after the conciliation proceedings. This opposition must be filed at least 7 days before the date of the Con-Arb hearing. The CCMA conducts two main processes to resolve the dispute. The first is conciliation, in which a member attempts to resolve the dispute through mediation or facilitation. If the dispute cannot be resolved, the next procedure is arbitration by a Commissioner, if the rejection dispute is an arbitral award that can be arbitrated. Dismissals for misconduct or incapacity can be settled at the CCMA. Arbitration is similar to a hearing where the member hears evidence from both parties and makes a final decision on whether or not the dismissal was fair. When you submit the referral form to the Conciliation, Mediation and Arbitration Board, the evidence must be attached that you sent the form to the other party. This proof may consist of a copy of the receipt signed by or on behalf of the other party, which must include the name and title of the person who received the form, as well as the place, time and date of receipt (if given in person). Upon receipt of the employee`s recommendation documents, the CCMA will process the application and schedule the hearing. The parties, employers and employees, will then receive notice from the CCMA informing them of the date of the arbitration, arbitration or arbitration decision.
With regard to conciliation and conciliation, the parties must be informed 14 (calendar) days in advance and at least 21 (civil) days in advance with regard to arbitration. Be sure to read the note on the setting carefully so that you can prepare for the proper process. If the fraud procedure is established and you do not bring your relevant witnesses, if the case is not resolved, it will be submitted to arbitration and you risk losing your case for lack of evidence. Upon receipt of the case, the CCMA will set a hearing date and both parties will be informed in writing of the hearing date. Employer, employee, union or employers` association. * A copy of a registered note from the post office;§ A copy of a signed receipt if delivered in person; * A signed declaration confirming delivery by the person issuing the form; * A copy of a fax confirmation slip; or * Any other satisfactory proof of service. Seek professional help if you don`t know what to do. Ignorance of the law is no excuse – it can be very expensive instead!! Proof that a copy of this form has been provided to the other party must be provided by attaching it: the objectives are to improve and expand service delivery in order to change workplace relationships and development and to aim for organizational effectiveness. The CCMA should be recognized and valued by all because it transforms professional life by promoting social justice and changing relationships in the workplace, and by realizing everyone`s constitutional right to fair work practices. * Dismissal * Wages and working conditions * Changes in the workplace * Discrimination If an employee reports an alleged unfair dismissal, he or she has 30 days from the date of the dismissal to report the dispute.
The date of dismissal is the date prior to the date on which the contract was terminated or the date on which the employee left the employer`s service. If the employee is not on time, he must ask for tolerance for the late submission of the dispute, and the employer has the right to oppose this request. You may want to ask the CCMA to settle or even arbitrate your dispute. .