Think the CCMA doesn't have jurisdiction for your dispute? Follow these three rules to object
Did you know that you can object if you don't agree that the CCMA has jurisdiction for your dispute? That's right. Follow these basic rules to make sure your objection over jurisdiction is successful.
The Labour Law for Managers Loose Leaf Service says you can object if you don't agree that the CCMA has jurisdiction for your dispute.
How do you do this?
Follow these three rules to make sure your jurisdictional application is accepted
#1: Serve notice on all parties to the dispute.
#2: Sign the notice and state:
The title of the matter;
The CCMA assigned case number;
The relief you're requesting;
Your address for the delivery of documents;
That the notice of opposition and an answering affidavit must be received within 14 days;
That the application can be heard in the absence of an employee if he doesn't deliver a notice of opposition; and
That you've included a schedule, listing the documents relevant to the application.
#3: Have an affidavit accompanying the notice. It must include:
Names, a description and addresses of the parties;
A statement of material facts in chronological order. Make sure this has sufficient detail so any party can reply; and
A statement of legal issues arising from the material facts.
Important: Make sure you get proper advice when preparing your jurisdictional application. You'll have to continue to conciliation or arbitration if your application is unsuccessful.
Follow the rules outlined to make sure your objection is successful.
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