What are the CCMA rules?

What are the CCMA rules?

The CCMA must give 14 days’ notice of the date of conciliation for all matters other than disputes relating to matters of mutual interest, refusal to bargain, a unilateral change to terms and conditions of employment and disputes relating to large-scale retrenchments where seven days’ notice may be provided.

How are CCMA days calculated?

An employee must refer the dispute to the CCMA within 30 days. You calculate the 30 days by excluding the first day and including the last day. All days are counted which means weekends and public holidays are included.

Can you go to CCMA after retrenchment?

Unfair retrenchments: Employees that have been unfairly retrenched can refer a dispute to the Commission for Conciliation, Mediation and Arbitration (“CCMA”) or a bargaining council. In the Labour Court or CCMA, a decision can be made for the employee to be reinstated or compensated.

Can you withdraw a CCMA case?

Logic dictates, that when one wishes to withdraw a case against the employer that is the end of the dispute. As experience has shown this is far from what is happening at the CCMA. An applicant may withdraw a case in order to pursue the case at the Labour Court, Civil court or merely just to end the dispute.

What are the rules of retrenchment?

Severance pay – a retrenched employee must at least be paid 1 week’s pay for each completed year of ongoing service. However, the employer must pay the retrenched employee the amount specified in any policy or his/her employment contract, if that amount is larger.

How long is CCMA?

In the case of an unfair dismissal dispute, you have only 30 days from the date on which the dispute arose to open a case. With discrimination cases, you have six months. If you have decided to lodge a dispute, you need to complete a CCMA case referral form, also known as a LRA Form 7.11.

How long do CCMA cases take?

For unfair labour practices it is 90 days.

Can a company hire after retrenchment?

In summary, there is no duty on an employer to re-employ a retrenched employee, nor is there a duty to enter into an agreement that provides for preferential re-employment. The employer is, however, obliged to discuss the possibility of re-employment during the consultation process.

Can you refuse retrenchment?

Of course, you can refuse retrenchment, which means the consultations have deadlocked. If you are the only person being retrenched, you can refer the dispute either to arbitration or to the Labour Court, irrespective of whether the retrenchment procedure complied with section 189.

How do I open a case with CCMA?

If you have decided to lodge a dispute, you need to complete a CCMA case referral form, also known as a LRA Form 7.11. These forms are available from the CCMA offices, DOL offices and the CCMA website. (http://www.ccma.org.za).

Can you get retrenched during lockdown?

Is anyone allowed to get retrenched? Employers are not precluded from retrenching employees during the national lockdown, provided the employer has a valid operational reason to implement retrenchments and follows the procedures set out in section 189 of the LRA.

When do the new CCMA rules go into effect?

Amended CCMA Rules have been published in the Government Gazette and take effect on March 1, 2020 and are repeated here in final form for easy reference. There are not many changes and they are high-lighted in this post.

What happens if a referral is late to the CCMA?

If the referral is late, you have to attach an application for condonation (see Rule 9). 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 condonation has been received.

What happens if a party claims that the CCMA does not have jurisdiction?

If a party claims that the CCMA does not have jurisdiction to deal with the matter, the commissioner will ask the referring party to prove that the CCMA has jurisdiction to conciliate the dispute.

How is Rule 55 affected by the Civil Relief Act?

The operation of Rule 55 (b) (Judgment) is directly affected by the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 U.S.C. [App.] §501 et seq .). Section 200 of the Act [50 U.S.C. Appendix, §520] imposes specific requirements which must be fulfilled before a default judgment can be entered ( e.g., Ledwith v.