South Africa - Refer Dispute to Determine Essential Services

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Procedure

NO APPLICANT IS ALLOWED TO WALK IN INTO THE PREMISES OF ANY CCMA OFFICE AS OF 1ST AUGUST 2020.

Apply through Post

1. To apply for referring a dispute to Determine Essential Services through post, the applicant must lodge the application to the postal address of the office of the Commission for Conciliation, Mediation and Arbitration (CCMA) in South Africa.
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 LRA4.2 - Referring disputes for essential services determination form to apply from the following link:form
4. Click the link and click “Download” option corresponding to the ‘Referring Disputes for Determination as an Essential Service’ file name.
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.Attach all the required documents with the completed Application form and post it to the postal address 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 the commissioner will issue a Certificate regarding this after which the applicant will be informed about what he or she must do further.

Apply through fax

1. To apply for referring a dispute to Determine Essential Services through fax, the applicant must lodge the application to the fax number of office of the Commission for Conciliation, Mediation and Arbitration (CCMA) in South Africa.
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 LRA4.2 - Referring disputes for essential services determination form to apply from the following link: Link
4. Click the link and click “Download” option corresponding to the ‘Referring Disputes for Determination as an Essential Service’ file name.
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.Attach all the required documents with the completed Application form and fax it to the fax number 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 the commissioner will issue a Certificate regarding this after which the applicant will be informed about what he or she must do further.

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Required Documents

• Completed application form
• Motivation for the application
• Proof of Identity (if required)
• Proof of employment (as applicable)
• Proof of delivery of the form to the other party. This could be any of the following:
  • Post office slip copy
  • Signed receipt copy (if served in person)
  • Signed confirmation statement copy
  • Fax confirmation slip copy
  • Email confirmation slip copy or sent email
  • Any sufficient proof (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 employer, who wants to determine whether a business is an essential service or not, can apply.
• Any participant to a dispute, who wants to determine whether or not a service is an essential service, can apply.
• Also, a party to a dispute who wants to confirm the essential service status of an employee or employer can apply.

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

For application form, click “Download” option corresponding to the ‘Referring Disputes for Determination as an Essential Service’ file name in the following link: Link

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

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.gIn the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• 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.

• In order for these employees rendering essential services to embark on a strike, they need to have a minimum service agreement (MSA) or minimum service determination (MSD).

Required Information

• Name and address of the applicant
• Contact details and email address
• Contact person name or description
• Details of the other party
• Case number

Need for the Document

The Certificate is required when the applicant wishes to determine the service status of an essential service in a Commission for Conciliation, Mediation and Arbitration (CCMA) office.

Information which might help

Refer: 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

Place some external links which might help.

Others

More information which might help people.