[L214] HOW DOES THE CCMA PROCESS WORK?

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  • เผยแพร่เมื่อ 8 ก.ค. 2024
  • The Commission for Conciliation, Mediation and Arbitration (CCMA), was established as an independent, apolitical dispute resolution body in terms of the Labour Relations Act (LRA). CCMA processes aim to promote fair labour practices and resolve labour disputes in the workplace. An employee can refer a dispute to the CCMA based on dismissal, wages and working conditions, unfair labour practice, workplace changes and discrimination. Most cases referred to the CCMA relate to unfair dismissal.
    CCMA processes: the three basics
    • Conciliation: This is an informal process where a commissioner is appointed to meet with the parties to a dispute within 30 days after the referral and explore ways to resolve the dispute by mutual agreement. Separate meetings between the commissioner and each party may also be held. If the case is settled, a settlement agreement is signed, and the dispute is resolved.
    • Arbitration: This is a hearing process where the parties can state their case. During the process, oral evidence is presented as well as any other forms of evidence in support of a party’s case. Thereafter the commissioner will issue an arbitration award within 14 days. An arbitration award is binding and the equivalent of a court ruling.
    • Conciliation/Arbitration (“Con/Arb”): This is an ongoing process where conciliation and arbitration follow directly after each other on the same day.
    A party that is not satisfied with the arbitration award, can within 6 weeks thereof, apply to the Labour Court to review the arbitration award.
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    === ATTORNEY INQUIRIES ===
    CONTACT: Aslam Moolla
    EMAIL: Law@legal-leaders.co.za
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    === ABOUT ASLAM MOOLLA ===
    💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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    === TIME STAMPS===
    00:00 Introduction
    00:29 The CCMA
    00:54 How to take it to the Labour Court
    01:17 Condonation Application
    01:38 Form 7.11
    01:58 CCMA Proceedings
    02:40 CCMA Ruling
    03:28 Summary
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    === RESOURCES CITED IN THIS VIDEO===
    Labour Relations Act - South Africa
    === LEGAL DISCLAIMERS ===
    Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an attorney to get specific legal advice on your specific situation.
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ความคิดเห็น • 5

  • @bravebanda4554
    @bravebanda4554 ปีที่แล้ว +1

    Please I need your help,
    I have a case concerning unfair Dismissal,
    On arbitration day I was late for the hearing coz of public transportation due to loadsheding.
    So I did re applied for another hearing 3 months ago,
    So I want to know how long does it take for the commissioner to accept or deny my re application?

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  ปีที่แล้ว

      Thank you for your comment!
      How did you "re-apply"? Please do not hesitate to contact me via our website at Legal Leaders - Moolla Attorneys Inc. for further assistance or information.
      You may give us a call or send me an email, and I will try to assist you further.

  • @Clynton00
    @Clynton00 2 ปีที่แล้ว

    What happens if the award is not provided by the commisoner within 14 days? Aren't commisoners meant to comply with thr 14 day rule. And if it goes over that period what can be done?

    • @emmanuelndlela1667
      @emmanuelndlela1667 ปีที่แล้ว

      join the micky mouse club house

    • @legalleaderssouthafricanla7309
      @legalleaderssouthafricanla7309  ปีที่แล้ว +1

      Hi Mrc5754,
      Email the CCMA with your case reference (case number) and request an update
      You can also phone the CCMA and ask them for an update