Labour Relations Act, 1995 (Act No. 66 of 1995)

Commission for Conciliation, Mediation and Arbitration

Rules for the Conduct of Proceedings before the CCMA, 2023

Part One: Serving and Filing Documents

9. How to seek condonation for referral documents and applications delivered late

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(1)This Rule applies to any referral document or application delivered outside of the applicable time period prescribed in the Act, applicable employment law or these Rules.

 

(2)A party must apply for condonation in terms of Rule 31.

 

(2A) Condonation may also be applied for using the official Commission electronic referral online portals as included in Schedule One.

 

(3)An application for condonation must set out the grounds for seeking condonation and must include details of the following:
(a)the degree of lateness;
(b)the reasons for the lateness;
(c)the referring party's prospects of succeeding with the referral and obtaining the relief sought against the other party;
(d)any prejudice to the other party; and
(e)any other relevant factors.

 

(4)The Commission may assist a referring party to comply with this Rule.