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Application for Condonation

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.  If the employee fails to do this within the required time time period, the Referral cannot be considered until an Application for Condonation is brought and such Application is granted.  Such Application requests the CCMA to condone the reason for the Referral not having been submitted on time. 

This Application is usually considered conciliation or con-arb taking place. However, the LRA states that the Commission can condone as late referral at any time, so if it has not been dealt with at the pre-conciliation phase, it should be dealt with as soon as everyone realizes that it needs to be considered.

The Commissioner must consider the following when deciding whether to grant condonation:

  • The degree of lateness of the referral

  • The reason for the lateness

  • The prospects of success on the merits

  • The prejudice to both parties which includes the importance of the matter to each party

The applicant may make use of the CCMA's pro forma affidavits when applying for condonation.

Information contained herein is based on documentation available from the CCMA

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