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Three expert tips to help you handle the CCMA process effectively

by , 26 September 2014
Having a CCMA case on your hands is no child's play.

For example, you have to take time off from work to prepare for your case and this is costly.

While we can't help you make the CCMA case disappear so you can get back to your business, we can help you handle the CCMA process effectively.

Keep reading to discover three expert tips to help you do this so you come out on top at the CCMA.

Tip #1: Make sure you know the nature of the dispute
 

Experts behind the report, CCMA for Managers say you must be clear on the nature of the dispute your employee is referring to the CCMA.
This will allow you to gather the relevant information you need to defend your case.

Your employee will indicate one of the following types of dispute on the LRA Form 7.11:
 
  • Unfair dismissal;
  • Organisational rights;
  • Unilateral change to terms and conditions of employment;
  • Interpretation/application of collective agreement;
  • Freedom of association;
  • Unfair labour practice;
  • Mutual interest;
  • Severance pay;
  • Disclosure of information;
  • Unfair labour practice (probation);
  • Refusal to bargain;
  • Procedure for disputes;
  • Unfair discrimination; or
  • Disputes about learnerships.
 


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Tip #2: Know the time limits

The CCMA time limits are as follows:
 
  • Your employee must refer a dismissal dispute to the CCMA within 30 days of dismissal or within 30 days of you making a final decision to dismiss or uphold the dismissal, if it's later.
 
  • Your employee must refer an unfair labour practice dispute within 90 days of the alleged occurrence or within 90 days from when he became aware of the occurrence.
 
  • One must refer a matter to arbitration within 90 days of the date of the certificate of outcome if you didn't resolve the issue at conciliation.
 
  • Your employee must refer an unfair discrimination dispute within six months of the act of discrimination.
 
If the referral isn't within the time limits set by the CCMA, you can object.

Tip #3: Understand what outcome your employee wants

Be clear on what your employee is hoping the outcome of the dispute will be. This will help you to decide whether or not you want to settle.

Using these three tips will help you handle the CCMA process effectively.

To discover 20 more tips to help you handle the CCMA process effectively, checkout the report, CCMA for Managers.
 


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