How do you calculate CCMA days?
You calculate the 30 days by excluding the first day and including the last day. All days are counted which means weekends and public holidays are included.
Do you pay at CCMA?
The CCMA does not generally charge fees for its dispute resolution work, but may do so in exceptional circumstances as outlined below. resolving a dispute between parties to a collective agreement that provides for the resolution of that dispute by an accredited agency’s dispute resolution procedures are not operative.
What cases go to CCMA?
Disputes that arise in terms of the BCEA may be referred to the CCMA together with unfair dismissal disputes or unfair retrenchment disputes. If a bargaining council or statutory council exists for the sector in which that employer operates.
How long do I have to go to CCMA?
Timeframes for opening cases In the case of an unfair dismissal dispute, a person has only 30 days from the date on which the dispute arose to open a case. If the case is one of unfair labour practice, a person has 90 days to open a case, and with discrimination cases, a person has 6 months to open a case at the CCMA.
How do you win a case at CCMA?
To win arbitration, you need to:
- Prove you have been dismissed, only if that is in dispute;
- Once the dismissal is proven the proceedings will turn to the employer to prove the fairness of the dismissal.
- All the employee needs to do is:
How much compensation will I get for unfair dismissal?
The worker can get up to 12 months’ wages as compensation for an unfair dismissal (procedural or substantive unfairness). Compensation for an unfair labour practice claim is limited to 12 months remuneration. If it was an automatically unfair dismissal the worker could get up to 24 months’ wages as compensation.
Is the CCMA free?
It is free. What steps do I take for referring disputes to the CCMA? Step 1: If you have a labour problem, it is very important that you take steps immediately. In the case of an unfair dismissal dispute, you have only 30 days from the date on which the dispute arose to open a case.
What happens if you ignore the CCMA?
Therefore, when an employer refuses to voluntarily comply with the award, the employee must go back to the CCMA, and complete a form LRA 7.18 (Application to certify CCMA award & Writ of Execution.) A copy of the award must be attached to the Form LRA 7.18. There are no time limitations on this process.
Is the CCMA decision final?
Review of arbitration award or ruling CCMA awards are final and binding and cannot be appealed against, with two exceptions.
What is the payout for unfair dismissal?
Compensation for an unfair dismissal normally consists of a basic award and a compensatory award. Sometimes an employer may have to pay an additional award if they fail to comply with a reinstatement or re-engagement order. This award is usually between 26 to 52 weeks’ pay.
