CCMA forms are legal documents that facilitate the referral and management of disputes in the workplace. These forms cover a wide range of issues, including unfair dismissal, discrimination, disputes about collective agreements, and more. Depending on the nature of the dispute, a specific form must be filled out and submitted to the CCMA for resolution.
Commonly Used CCMA Forms
Here are some of the key forms you might encounter when dealing with the CCMA:
- LRA 7.11: Referring a Dispute to the CCMA for Conciliation
- This form is used to refer a dispute to the CCMA for conciliation, including the Con-Arb process. It’s one of the most frequently used forms when a dispute cannot be resolved at the workplace level.
- LRA 7.13: Request for Arbitration
- This form is required when a dispute has been referred for arbitration, often after conciliation has failed. It is essential for formalizing the arbitration process where a commissioner will make a binding decision.
- LRA 7.18: Application to Certify CCMA Award
- This form is used when a party seeks to have a CCMA award certified by the Labour Court. It’s often necessary when a party wishes to enforce an arbitration award.
- LRA 7.16: Subpoena
- A subpoena form is used to request the appearance of a witness or the production of documents in relation to a CCMA case. This form is particularly useful for ensuring that all relevant parties provide the necessary information for the dispute resolution process.
- LRA 4.1: Request to Establish Picketing Rules
- This form is necessary when a party wishes to establish or modify the rules regarding picketing during a strike or protest action. The CCMA is tasked with ensuring that picketing remains lawful and orderly.
- LRA 3.23: Application About Demarcation Dispute
- When there’s a dispute regarding whether an employer is part of a bargaining council, this form can be used to resolve such demarcation disputes.
- LRA 7.20: Request for S189A Operational Requirements Facilitation
- Employers facing retrenchments due to operational requirements must use this form to request facilitation by the CCMA in terms of Section 189A of the Labour Relations Act.
- Condonation Application (Unfair Dismissal & Labour Practices)
- If a party has missed the time limit for referring a dispute, they may submit a Condonation Application. This is a request to allow the late referral of an unfair dismissal or unfair labour practice case.
- BCEA 15: Application for Written Undertaking Compliance Order
- This form is used to request a compliance order under the Basic Conditions of Employment Act (BCEA), ensuring that an employer abides by legal employment standards.
- LRA 7.23: Application for Extension of Conciliation Period
- In some cases, the conciliation process may need more time. This form is used to request an extension of the conciliation period for resolving a dispute.
How to Access CCMA Forms
CCMA forms can be accessed through the official CCMA website. The forms are available for download in PDF format, and you can also find detailed instructions on how to complete them. Here’s the link to the official forms page: CCMA Referral Forms.
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