Not happy with the commissioner assigned to arbitrate your case? Find out if you can object to the CCMA
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.
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Bad news! You can't choose the commissioner you want to arbitrate the dispute
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.
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.
Note: 5 of 2 votes