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Have you requested arbitration to be postponed? Find out whether or not you still need to go to the CCMA

by , 22 October 2014
Let's say, you receive notification of an arbitration hearing.

The first thing you do is check the date of the hearing. After seeing the date, you realise, it doesn't suit you because you have another important matter to attend to on that day.

You request for arbitration be postponed.

Now that you've asked for a postponement, you're wondering if you still have to go to the CCMA.

Read on as we explain whether or not you still have to go to the CCMA if you've requested arbitration be postponed.


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To attend or not to attend arbitration when you've asked for a postponement? Here's your answer

 
According to the Labour Law for Managers Loose Leaf Service, you only have to go to the CCMA if:
 
  • You've agreed with your employee to the postponement in writing, but the agreement was delivered to the CCMA less than seven days before the arbitration;
 
  • You've delivered an application for postponement but the CCMA hasn't yet advised you of the outcome of your application; or
 
  • You received notice to go to the CCMA for the hearing of your postponement application.
 
You don't have to go to the scheduled arbitration proceedings if:
 
  • You deliver an agreement to postpone more than seven days before the arbitration, or
 
  • The CCMA has advised that it's postponed the matter.
 
It's that simple.
 

Here's a useful tip for you when it comes to arbitration and postponements

 
If you aren't sure whether the CCMA has postponed the arbitration, either go to the CCMA at the scheduled time yourself with the relevant documents, or get someone to represent you. Do this to ensure the CCMA has received your agreement or application to postpone.
 
Remember, sometimes the CCMA misplaces documents. So you don't want a commissioner carrying on with an arbitration hearing in your absence just because your agreement or application isn't in the CCMA file!
 
PS: For more information on arbitration hearings, check out the CCMA for Managers.
 

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