Labour Relations Act, 1995 (Act No. 66 of 1995)Commission for Conciliation, Mediation and ArbitrationRules for the Conduct of Proceedings before the CCMA, 2023Part Two: Conciliation of Disputes10. How to refer a dispute to the Commission for conciliation |
(1) | A party must refer a dispute to the Commission for conciliation by delivering a completed prescribed LRA Form 7.11, which may include the Commission electronic referral electronic online portals. |
(2) | When referring a dispute by means other than the official Commission electronic referral online portals as set out in Schedule One, the referring party— |
(a) | must attach to the referral document, written proof, in accordance with Rule 6, that the referral document was served on the other parties to the dispute. |
(b) | must attach to the referral document, an application for condonation if the referral is referred after the relevant time limit has expired. |
(3) | Despite Rule 10(2)(b) where a referral has been referred out of time and if condonation has not been attached to the referral, the Commission will decide whether the condonation will be determined at a hearing or by written submissions received from the parties. |