The CCMA is a statutory body which was set up by the Labour Relations Act. The CCMA has structured itself with a set of guidelines so as to enable the parties to use the CCMA properly. These guidelines are to be interpreted and applied in a spirit that will improve and facilitate the function of the Commission. In essence, these guidelines have to be administered in a fair and structured manner and they need to be used to make it less difficult for the parties to both approach and to implement labour peace. These guidelines are contained in the Labour Relations Act and need to be very carefully read and implemented by each single user of the CCMA. It is no excuse to state that you are a lay person as anybody who wishes to use the CCMA must have a functioning information of the guidelines and regulations.
Firstly, one must recognize what forms have to be filled in, how they need to be filled in and where they should be sent. The Registrar of the CCMA Western Cape is at 78 Darling Street, Cape Town, 8001 on telephone number (021) 469-0111 and telefax number (021) 465-7193/7. The Registrar expects an applicant to completely total LRA form 7.11. The completion of this kind marks the start off of the proceedings. This form need to be properly served on the Respondent (Employer). Though the CCMA is not a Court, it has the authority and energy to make certain that its rules are appropriately followed and implemented. The CCMA need to attempt to resolve any disputes referred to in terms of the Labour Relations Act, firstly by way of Conciliation and thereafter, the Arbitration. The CCMA’s other functions which includes the establishment of workplace forums, to attempt and facilitate and to publish data and statistics about its own activities.
Often the CCMA assists any party to a dispute to obtain legal tips, assistance or representation. The CCMA has an advisory function with regards to the process to be followed in terms of the LRA. In specific instances, and upon request, the CCMA may possibly offer workers, employers, trade unions and employers’ organisations education. This training could be with regard to collective bargaining structures, workplace forums and the prevention and resolution of disputes. The CCMA’s offices are open each workday, Monday to Friday, from 08h30 to 16h30. The documents referred to above can only be filed during these functioning hours. Documents could be faxed to the CCMA and this constitutes suitable service. The offices are not open on public holidays as defined in the Public Holidays Act.
The referral of a dispute in the allegation of an alleged unfair dismissal need to take place within 30 days after the commission of the dispute. This is calculated on the basis of the first day to be excluded and the final day to be included. The computation of the number of days is calculated by all seven days of the week becoming counted. If the last day falls on a Saturday, Sunday or Public Holiday, or on a day for the duration of the period 16 December to 7 January, then that last day is excluded and the period is extended to the subsequent day that does not fall on a Saturday, Sunday or a Public Holiday.
Articlesource – Cape Labour: www.capelabour.co.za/blog/commission-for-conciliation-mediation-and-arbitration-ccma-guidelines.html