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Procedure for referral for Conciliation 

The following steps should be followed:

  • The employee must complete the LRA 7.11 form and ensure that it is signed by the referring party.

  • The form must be served on the other party by hand, registered post or by fax.  You will need to prove that your employer received a copy of the referral so you should therefore keep a copy of the transmission slip, postal receipt etc.

  • Proof of service must be attached to the referral form.  

  • The form must be submitted to the CCMA.  

Time limits:

Unfair Dismissals -  The dismissed employee must refer the matter to the CCMA or Bargaining Council within 30 days of the date of dismissal.  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 employer makes a final decision to dismiss, say for example the outcome of an appeal hearing, the matter must be referred within 30 days of that final decision to dismiss.  

Discrimination -  The employee must refer the matter to the CCMA or council within six (6) months of the date of the act or omission, which allegedly constitutes some form of unlawful discrimination.

If the above time periods have lapsed, the referring party must bring an Application for Condonation.  

Processing of the Referral at the CCMA:

The CCMA must give both parties at least 14 days notice of the hearing date, time and venue.  If a party fails to appear or to be represented, the conciliation will continue on the scheduled date.  If the arbitration does not following the conciliation as set out in the notice (con-arb), the arbitration must be scheduled either in the presence of both parties at the conciliation or by the CCMA giving 21 days notice to both parties.  

The Conciliation Hearing: 

At Conciliation only the parties, trade union or employer organisation representatives (if a party to the dispute is a member) and the CCMA Commissioner will attend. The purpose of the hearing is to reach an agreement acceptable to both parties rather than to make a finding on any  evidence. Legal representation is not allowed. 

Certificate of Outcome:

At the conclusion of the Conciliation the Commissioner will issue a certificate to reflect whether the matter has been settled.   Should the matter not be settled to the satisfaction of the parties, depending on the nature of the dispute, the case may be referred to the CCMA arbitration or the Labour Court for consideration.

Information contained herein is based on documentation available from the CCMA

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