What to do when called to the CCMA
Q AND A: I’M CALLED TO THE CCMA – WHAT NOW?
Question:
You receive a call from someone at the CCMA informing you that your domestic worker is there making some allegations and you must come to the office to discuss the matter. What must you do?
Answer:
When called to the CCMA, do not go. Take the person’s name and contact number and contact an HR or legal expert immediately.
Question:
How will I know that a case has been opened against me at the CCMA?
Answer:
In terms of the process you must first receive a Form 7.11 – “Referring a dispute to the CCMA for Conciliation (Including Con/Arb)” HOWEVER please note that this does not always happen. It is more likely that you will receive an SMS from the CCMA – But be careful, as it does not always make sense. It will look something like:
CCMA GATW 9999-18
Con/Arb: 13:00 14-Jun-18 To 13:30 14-Jun-18
Room 211
2nd Floor
CCMA address
You should not ignore this notification when called to the CCMA. Get expert help immediately since there are steps to be taken.
Suggested for you:
Question:
Who can represent me as the Employer of a Domestic Worker, at the CCMA?
Answer:
The process consists of two stages, namely conciliation and arbitration.
• In conciliation, the employer may appear in person or be represented only by an office bearer, official or member of that party’s registered employers’ organisation*.
• In arbitration proceedings, the employer may appear in person or be represented only by a legal practitioner, or an individual entitled to represent the party at conciliation proceedings. HOWEVER, if the dispute being arbitrated is about the fairness of a dismissal and a party has alleged that the reason for the dismissal relates to the employee’s conduct or capacity, he will only be entitled to be represented by a legal practitioner with the consent of the commissioner and all other parties, or if the commissioner concludes it would be unreasonable to refuse legal representation.
*All subscribers to the Edomestix platform and services are also members of the South African United Employers Organisation (SAUEO) and we may represent you when called to the CCMA
Question: Can I take my lawyer to represent me when called to the the CCMA?
Answer: Yes, subject to the caveat above.
Question: Who may represent the employee at the CCMA?
Answer: The party may be represented by any office bearer, official or member of that party’s registered trade union, or a legal representative.
WE CAN HELP YOU! CONTACT eDOMESTIX at info@edomestix.co.za or call
079 697 4832
Make sure you know what to do when called to the CCMA.
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