Labour Relations Act, 1995 (Act No. 66 of 1995)Commission for Conciliation, Mediation and ArbitrationRules for the Conduct of Proceedings before the CCMA, 2023Part Six: Applications33. How to apply to refer a dismissal dispute to the Labour Court |
| (1) | An application in terms of section 191(6) of the Act to refer a matter to the Labour Court, must be delivered— |
| (a) | within ninety (90) days of a certificate that the dispute has not been resolved being issued; or |
| (b) | by a party that has not requested arbitration, within fourteen (14) days of the referral for arbitration being filed. |
| (2) | Despite sub-rule (1), a party that requests arbitration may not thereafter make an application in terms of section 191(6) of the Act. |
| (3) | The application must state the grounds on which a party relies in requesting that the dispute be referred to the Labour Court. |
| (4) | If any party to the dispute objects to the matter being referred to the Labour Court, that party must state the grounds for the objection within seven (7) days of receipt of the application. |
| (5) | The Commission must notify the parties of its decision in terms of section 191(8) of the Act within fourteen (14) days of receiving the objection. |
| (6) | In the event that the request has been granted, the party who applied for the referral by the Director must refer the matter to the Labour Court in line with Rule 11 of the Rules for the Conduct of Proceedings in the Labour Court. |