South Africa - Refer dispute to CCMA

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Procedure

Apply In-Person:

1. To apply for Referring a Dispute to CCMA in person, the applicant must visit the office of the Commission for Conciliation, Mediation and Arbitration (CCMA) in South Africa.
2. The contact details and address information of the office of the Commission for Conciliation, Mediation and Arbitration (CCMA) can be found in the following link: Link
3. Visit the office and get a CCMA case referral form (LRA Form 7.11) to apply for Referring a Dispute to CCMA from the relevant Department.
4. Make sure that you have all the documents listed in the “Required documents” section of this page.
5. Fill the form as applicable to your requirement and relevant information. Once you have completed the form, you need to ensure that a copy is delivered to the other party and you must be able to prove that a copy was sent.
6. Attach all the required documents with the completed Application form and submit it at the respective department of the CCMA office.
7. After submission, the application form and attached documents will be verified and validated correspondingly by the concerned officials.
8. Once all the necessary processes got over, the application will be approved and a meeting will be held between the parties in front of a CCMA commissioner.
9. If this meeting is insufficient for arriving at a solution for the dispute, the commissioner will issue a Certificate regarding this and the applicant will be informed about what he or she must do further.

Apply through fax

1. To apply for Referring a Dispute to CCMA through fax, the applicant must perform the application lodging to the office of the Commission for Conciliation, Mediation and Arbitration (CCMA) in South Africa through fax.
2. The fax number of the office of the Commission for Conciliation, Mediation and Arbitration (CCMA) can be found in the following link: Link or you can find it in the “Office Locations & Contacts” section of this page.
3. Download the CCMA case referral form (LRA Form 7.11) to apply for Referring a Dispute to CCMA from the following link: Link
4. Click the link and click “Download” option corresponding to ‘LRA 7.11: Referring A Dispute To The CCMA For Conciliation (Including Con-Arb)’.
5. Make sure that you have all the documents listed in the “Required documents” section of this page.
6. Fill the form as applicable to your requirement and relevant information. Once you have completed the form, you need to ensure that a copy is delivered to the other party and you must be able to prove that a copy was sent.
7. Attach all the required documents with the completed Application form and send it to the fax number of the CCMA office.
8. After submission, the application form and attached documents will be verified and validated correspondingly by the concerned officials.
9. Once all the necessary processes got over, the application will be approved and a meeting will be held between the parties in front of a CCMA commissioner with prior intimation.
10. If this meeting is insufficient for arriving at a solution for the dispute, the commissioner will issue a Certificate regarding this and the applicant will be informed about what he or she must do further.

Apply through post

1. To apply for Referring a Dispute to CCMA through post, the applicant must perform the application lodging to the office of the Commission for Conciliation, Mediation and Arbitration (CCMA) in South Africa through post.
2. The postal address of the Commission for Conciliation, Mediation and Arbitration (CCMA) can be found in the following link: Link or you can find it in the “Office Locations & Contacts” section of this page.
3. Download the CCMA case referral form (LRA Form 7.11) to apply for Referring a Dispute to CCMA from the following link: Link
4. Click the link and click “Download” option corresponding to ‘LRA 7.11: Referring A Dispute To The CCMA For Conciliation (Including Con-Arb)’.
5. Make sure that you have all the documents listed in the “Required documents” section of this page.
6. Fill the form as applicable to your requirement and relevant information. Once you have completed the form, you need to ensure that a copy is delivered to the other party and you must be able to prove that a copy was sent.
7. Attach all the required documents with the completed Application form and post it to the postal address of the CCMA office.
8. After submission, the application form and attached documents will be verified and validated correspondingly by the concerned officials.
9. Once all the necessary processes got over, the application will be approved and a meeting will be held between the parties in front of a CCMA commissioner with prior intimation.
10. If this meeting is insufficient for arriving at a solution for the dispute, the commissioner will issue a Certificate regarding this and the applicant will be informed about what he or she must do further.

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Required Documents

• Completed LRA Form 7.11
• Copy of the form signed by the other party (as applicable)
• Proof of delivery of the form to the other party (as applicable)
• Proof of Identity (if required)
• Proof of employment (as applicable)

Office Locations & Contacts

Commission for Conciliation, Mediation and Arbitration (CCMA) - Head Office Office
28 Harrison Street,
Johannesburg
2001
South Africa
Postal Adsress:Private Bag X94,
Marshalltown 2107
South Africa
Tel: 0861 161616
Fax: (011) 834-7351
Email: [email protected]
Website link

Eligibility

• Any employee, who is in dispute with his/her employer or vice versa on any matter like dismissal, wages and working conditions, workplace changes or discrimination, can apply.
• A union or employer's organisation may also apply for referring a dispute to the CCMA on behalf of the employees who is a member in the union or employer's organisation.

Fees

Please approach the authorities for fees details.

Validity

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to Use

Download the CCMA case referral form (LRA Form 7.11) to apply for Referring a Dispute to CCMA from the following link: Link

• Click the link and click “Download” option corresponding to ‘LRA 7.11: Referring A Dispute To The CCMA For Conciliation (Including Con-Arb)’ for LRA Form 7.11.
• Click the link and click “Download” option corresponding to ‘LRA 7.13: Request For Arbitration (Demarcation Disputes (Section 62 Must Be Processed On LRA Form 3.23)’ for raising a Request For Arbitration.

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

Varies from one case to another.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• The purpose of the first meeting or hearing is to reach an agreement acceptable to both parties and legal representation is not allowed in this. If no agreement is reached, depending on the nature of the dispute, the case may be referred to the CCMA for arbitration or the Labour Court as the next step.

• In order to have an arbitration hearing, the applicant must complete a request for arbitration form, (also known as LRA Form 7.13.). A copy must be served on the other party (same as before).

• Arbitration should be applied for within three months from the date on which the commissioner issued the certificate. Arbitration is a more formal process and evidence, including witnesses and documents, may be necessary to prove your case. Parties may cross-examine each other.

• Legal representation may be allowed, and the commissioner will make a final and binding decision, called an arbitration award, within 14 days. If a party does not comply with the arbitration award, it may be made an order of the Labour Court.

Required Information

• Particulars of the applicant
• Details of The Other Party
• Nature and facts of the dispute
• Date and place

Need for the Document

The process is necessary for referring a dispute that arises between an employer and an employee in any matters related to the employment to the Commission for Conciliation, Mediation and Arbitration (CCMA).

Information which might help

• The applicant can ask the Commission for Conciliation, Mediation and Arbitration (CCMA) to conciliate or even arbitrate your dispute.

• A union or employer's organisation may also initiate this action. The applicant does not need the other party's consent before taking a matter to the CCMA.

• For more information, visit: Link

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

Link

Others

More information which might help people.