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Rules for the CCMA
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RULES OF CONDUCT FOR PROCEEDINGS BEFORE THE CCMA

 

 

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We hope that this summery, divided into 8 parts, will prove helpful and answer any basic questions you might have regarding this specific field.

 


PART ONE: SERVING AND FILING DOCUMENTS
1. How to contact the Commission
2. When are the offices of the Commission open
3. How to calculate time periods in these rules
4. Who must sign documents
5. How to serve documents on other parties
6. How to prove that a document was served in terms of the rules
7. How to file documents with the Commission
8. Documents and notices sent by registered post
9. How to seek condonation for documents filed late

PART TWO : CONCILIATION OF DISPUTES

10. How to refer a dispute to the Commission for conciliation
11. What notice must the Commission give of a conciliation
12. Commission may seek to resolve dispute before conciliation
13. What happens if a party fails to attend or is not represented at conciliation
14. How to determine whether a commissioner may conciliate a dispute
15. Issuing a certificate in terms of section 135(5)
16. Conciliation proceedings may not be disclosed

PART THREE : CON –ARB IN TERMS OF SECTION 191 (5A)

17. Conduct of con-arb in terms of section 191(5A)

PART FOUR : ARBITRATIONS
18. How to request arbitration
19. When must the parties file statements
20. When the parties must hold a pre-arbitration conference
21. What notice must the commission give of an arbitration
22. How to determine whether a Commissioner may arbitrate a dispute
23. How to postpone an arbitration

PART FIVE : RULES THAT APPLY TO CONCILIATIONS AND ARBITRATIONS AND CON-ARBS
24. Where a conciliation or arbitration will take place
25. Objections to a representative appearing before the Commission
26. How to join or substitute parties to proceedings
27. How to correct a citation of a party
28. When the Commissioner may consolidate disputes
29. Disclosure of documents
30. What happens if a party fails to attend proceedings before the Commission

PART SIX : APPLICATIONS
31. How to bring an application
32. How to apply to vary or rescind arbitration awards or rulings
33. How to apply to refer a dismissal dispute to the
Labour Court

PART SEVEN : PRE-DISMISSAL ARBITRATION IN TERMS OF SECTION 188A
34. How to request a pre-dismissal arbitration in terms of section 188A

PART EIGHT : GENERAL
35. Condonation for failure to comply with the rules
36. Recordings of Commission proceedings
37. How to have a subpoena issued
38. Payment of witness fees
39. Taxation of bills of cost
40. Certification and enforcement of arbitration awards
41. What words mean in these rules




 
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