HomeHome SearchSearch MenuMenu Our productsOur products

Not happy with the commissioner assigned to arbitrate your case? Find out if you can object to the CCMA

by , 29 August 2014
Let's say there's a dispute between you and your employee. You both go to conciliation to resolve the matter, but you fail to reach an agreement. Your employee then decides to refer the matter to the CCMA so it can arbitrate the matter.

After a couple of weeks, you get details regarding arbitration and everything is in order, but you're just not happy with the commissioner that's been assigned to arbitrate.

You're now wondering if you can object to the CCMA.

Read on to find out the answer so you can enforce your rights.


*********** Recommended Product ************
 
Get instant samples, templates and checklists to make sure you're implementing labour laws and practices with these free reports

Do you know:

  • These little known ways to reduce absenteeism?
  • Your employees aren't automatically entitled to a bonus?
  • How to get rid of that employee who's not performing?
  • How to solve 40 labour problems that drive other people nuts?
  • All the policies to hire, fire and manage your employees?

Find out now with the five reports you'll get when you sign up to the Labour Law for Managers Subscription Service. Sign up today.

************************************************

 
Bad news! You can't choose the commissioner you want to arbitrate the dispute

The CCMA has the power to allocate a commissioner to arbitrate your dispute.

BUT, there are situations where you can have some say in who arbitrates your dispute.

According to the Labour Law for Managers Loose Leaf Service, you or your employee can object to the same commissioner who conciliated the dispute conducting the arbitration. This would be in circumstances where the Commissioner at the conciliation disagreed with the merits of your case.

To do this, you must fill out an LRA Form7.14 within seven days after the date on which the
Commissioner at conciliation issued the certificate of outcome. Serve it to the other party and file it at the CCMA.

When the CCMA receives this notice, it'll consider your application and make a decision to allocate the matter to another commissioner for arbitration.

Important: Only object to a commissioner when it's necessary.

'The Director of the CCMA won't appreciate having to consider frivolous applications! This will be the case where the application clearly has no merit and shouldn't have been made,' cautions the Labour Law for Managers Loose Leaf Service.

The bottom line: The CCMA decides who arbitrates your dispute. You can only object to the commissioner that's been assigned to arbitrate if he was involved in conciliation and he didn't agree with the merits of your case.
 


Related articles




Related articles



Related Products



Comments
0 comments


Recommended for You 

  Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance



Here are all the most interesting, thought-provoking and common tax questions
asked by our subscribers over the last tax year – everything from A to Z!

To download Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance click here now >>>
  Employees always sick? How to stop it today



Make sure you develop a leave policy to regulate sick leave in your company.

BONUS! You'll find an example of the leave policy and procedure in this report.

To download Employees always sick? How to stop it today click here now >>>
  Absenteeism: Little known ways to reduce absenteeism



This FREE e-report will tell you how you can reduce absenteeism in your workplace while avoiding the CCMA and without infringing your employees' labour rights.

To download Absenteeism: Little known ways to reduce absenteeism click here now >>>
  7 Health & safety strategies to save you thousands



Don't let a health and safety incident cost you one more cent. Implement these seven
strategies in your company today.

To download 7 Health & safety strategies to save you thousands click here now >>>