Don't agree that the CCMA has jurisdiction for your dispute? Here's how to object
If your employee takes you to the CCMA, he must prove that the CCMA has jurisdiction over your case.
Jurisdiction is the legal term used to refer to the authority that the court or other body (such as the CCMA or an arbitrator) has to decide a dispute.
If you don't agree that the CCMA has jurisdiction for your dispute, you can object.
To make sure your objection is accepted, make sure you follow this procedure.
Why is jurisdiction so important?
According to Federal Court Concepts
, jurisdiction is important because it limits the power of a court to hear certain cases.
The site adds, 'if courts didn't exercise appropriate jurisdiction, every court could conceivably hear every case brought to them, which would lead to confusing and contradictory results.'
Now let's look at how to object when you don't agree that the CCMA
has jurisdiction over your dispute.
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Here's how to object if you don't agree that the CCMA has jurisdiction over your dispute
Serve notice on all parties to the dispute.
Sign the notice and state the following:
The title of the matter;
The CCMA assigned case number;
The relief you're requesting;
Your address for the delivery of documents;
That you want to receive notice of opposition and an answering affidavit within 14 days;
That the application can be heard in the absence of your employee if he doesn't deliver a notice of opposition; and
That you've included a schedule listing the documents relevant to the application.
: The Labour Law for Managers Loose Leaf Service
says you must make sure an affidavit accompanies the notice. It must include:
Names, 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.
There you have it: You're within your right to object if you don't agree that the CCMA has jurisdiction over your dispute. Follow the above procedure to make sure your objection is a success.