19 Oct How Do I Submit a Ccma Form
Arbitration is more formal and is the process by which the Commissioner decides the outcome of the dispute. A copy of this form must be sent to the other party. To refer a matter to the CCMA, you must complete and submit a CCMA referral form, also known as LRA 7.11. You can download the form here. You will see a list of Word documents that you can download – search for “7.11_Referring a dispute to the CCMA for arbitration with POPIA Disclaimer”. * A copy of a registered letter from the post;§ A copy of a signed receipt, if delivered by hand; * A signed statement confirming service by the person submitting the form; * A copy of a fax confirmation form; or * Any other satisfactory proof of service. Section 1 – CONTACT DETAILS OF THE REFERRING PARTY: You enter your personal data as the referring party. If the transfer is made by your union representative, they will complete the form on your behalf. Be sure to give them correct contact information for themselves and for section 1(a) by requesting other contact information for the employee (representative/relative or friend). If they can`t contact you, it will be very difficult to move the matter forward. If you are an employee, you do not need to complete Section 1(b).
Sections 9 to 13 are self-explanatory, just fill in the information provided. If you check yes under section 11 – DISCRIMINATION ISSUES, you must prove to the CCMA that you first tried to resolve the issues internally with the employer before going to the CCMA. This may include emails or meetings, filing a formal complaint, and any other process you have followed in accordance with company policy. If you cannot prove that you first tried to resolve the issue with your employer, the CCMA may dismiss the matter. Step 4: You do not need to bring the transfer form to the CCMA in person. You can also fax the form or mail it in. Make sure that a copy of the proof that the form was served on the other party is also attached. Dealing with legal documents can sometimes seem intimidating. If you are submitting a case to the CCMA, you must complete Form LRT 7.11. Scorpion Legal Protection will guide you step by step through filling out this form. If you are not notified of a date within the prescribed time frame, the CCMA will refer your case to arbitration or send you a form to complete to refer the matter to arbitration.
Proof that a copy of this form has been served on the other party must be accompanied by the following documents: The CCMA will then notify you of a date for the resolution of your case within 30 (thirty) days of the date on which you submitted your form. You must be able to prove that you have sent a copy of the form to the employer, and this can be done as follows: This is the form you must complete if you wish to submit a dispute to the CCMA. This form is available at the CCMA offices or you can download it from the CCMA website [www.labour.gov.za/DOL/documents/forms/labour-relations/form-lra-7-11-referring-a-dispute-to-the-ccma-for-conciliation]. Completed CCMA forms must first be sent to the other party. This can be done by handing over a copy of the form to the other party. by sending the CCMA form electronically to the other party; or by sending a copy of the form by registered mail to the address of the other party. Once you have completed the form, a copy of it must be “given” to the employer. This can be done either by submitting the form via: Step 3: Once you have completed the form, you need to make sure that a copy is delivered to the other party. They must be able to prove that they have received a copy. Acceptable methods include sending a copy by fax (keeping the fax transcript), sending by registered mail (keeping the postal receipt), sending by courier (keeping the proof) or delivering it in person (ask the person receiving it to sign). It is important to fill in as much information as possible.
If you omit sections, it will take longer for the CCMA to process your case. These documents are used when cases are referred to the CCMA. All forms are provided by the Conciliation, Mediation and Arbitration Commission When you submit the referral form to the Conciliation, Mediation and Arbitration Board, proof that you sent the form to the other party must be attached. 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 and the place, time and date of receipt (if delivered in person). If you have been informed that you need to participate in a con/arb procedure but only wish to settle the matter, you can object to the con/arb procedure by informing the employer and the CCMA in writing. You can send the form and proof of service to the CCMA provincial office in the province where the dispute arose. Step 5: The CCMA informs both parties of the date, time and place of the first hearing. Step 9: Arbitration is a more formal process and evidence, including witnesses and documents, may be needed to prove your case.
The parties may cross-examine. Legal representation may be permitted. The Commissioner makes a final and binding decision, called an arbitral award, within 14 days. If you have decided to file a dispute, you must complete a referral form from the CCMA, also known as LRT Form 7.11. These forms are available at CCMA offices, DOL offices and on the CCMA website. (www.ccma.org.za). Step 8: To hold an arbitration hearing, you must complete a Request for Arbitration form, also known as LRA Form 7.13. A copy must be given to the other party (as in step 3).
Arbitration should be requested within three months of the date the Commissioner issued the certificate. To submit a matter to arbitration, LRT Form 7.13 must be completed. The same procedure for referring a case to conciliation shall apply at this stage of the proceedings. It is important to note that the certificate issued by the Commissioner must be attached to Form 7.13. If the form was sent to the employer, you must attach proof of service to the form and submit it to the CCMA. You will see that the document has attached the CCMA`s POPIA declaration of consent to the back. Please make sure you fill it out as well, as the CCMA will not process your transfer unless you have expressly consented to them processing your personal data. For more information, please contact Bernard Reisner: W.Tel-No. : 021-423-3959 Cell: 082-433-8714 Fax: 021-4232105 Email: bernard@capelabour.co.za Website: www.capelabour.co.za If the notice is sent by facsimile, a copy of the facsimile transmission report may be used, indicating that all pages of the CCMA form have been faxed to the other party. In the case of registered mail, a copy of the registered letter is sufficient. Section 4 – SUMMARIZE THE FACTS OF THE DISPUTE: You must provide a brief description of the facts, which will help the CCMA Commissioner understand what happened and what led to the dispute. If you can`t fit everything in the space provided, write on a clean piece of paper and attach it to the form on the back (note in section 4 that you have attached a separate paper with your description).
Section 2 – CONTACT DETAILS OF THE OTHER PARTY: You must fill in the details of your employer or employers` organisation if you know them. Fill in as much as possible here. The more information you can provide to the CCMA, the easier it will be to process your case. Section 5 – DATE AND PLACE THE DISPUTE AROSE: You must indicate when and where the dispute began. This is to allow the region to which you referred the case to determine whether it has jurisdiction to hear your case or whether it is necessary to transfer your case to another region.