CCMA Arbitrations without assistance
CCMA Arbitrations without assistance
What you need to know
CCMA Arbitrations without assistance can be rather daunting due to having to follow proper procedures. Another option is to make use of our HR Consulting Services as we are professional, well informed and ready to assist. As a result you would have a better chance of obtaining the best resolution.
With the amendments of the LRA, section 188A came into effect. This is unlike a normal arbitration at the CCMA where conciliation has failed and a certificate issued. This process is intended to take the place of a disciplinary inquiry and subsequent proceedings, which are heard by the CCMA. An employer may, by agreement with the employee, request the CCMA or council to conduct this arbitration if it relates to the conduct or capacity of that employee.
STEPS
- The employer must inform the employee of the allegations of misconduct or incapacity.
- The employer should also complete the 7.19 form. It is important to note that the employee must agree to this process or where an employee earns more than R183 008.00 per year, has agreed to it in terms of his contact of employment.
- The employee must sign the form to show that the employee has agreed to the process.
The employer is responsible to ensure that payment is made to the CCMA by either a bank guaranteed cheque or by direct electronic payment. Proof of payment must be attached to the form.The cost can be obtained from the CCMA offices. - In addition, a copy of the form must be given to the employee.
- The employer must submit the form to the CCMA by hand delivery, registered mail or by fax.
- Within 21 days after receiving the form and proof of payment, the CCMA must give 14 days notice of the hearing date to both parties.
You can find additional information on the CCMA website. In conclusion, CCMA Arbitrations without assistance can be quite stressful. Therefor, should you require assistance and you would like to make use of our services you can give us a call. We are ready to help. Click here to contact us
