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CCMA: Only 30 Days to Refer Complaint

Updated: Jun 20, 2020

Make sure to refer your matter to the CCMA in time otherwise you could be left without remedy.

If you have been dismissed unfairly, this could constitute an unfair dismissal. The correct course of action would be to refer to the matter to the CCMA, where the matter will be overseen by an commissioner. The job of the commissioner will be to determine whether the dismissal was fair or unfair.

Should the dismissal be deemed to be unfair, the arbitrators are entitled to award up to 12 months salary to the employee who has been wrongfully dismissed, as well as order re-employment when it is suitable. Should the dismissal be deemed to be fair, the dismissal will stand.

It is important to note, however, that the Labour Relations Act stipulates that unfair dismissal disputes need to be referred to the CCMA within 30 days of the date of the dismissal. If the dispute is referred outside the 30 day period it is a late referral.

To have your matter accepted by the CCMA you would then need an application to condone the late submission over 30 days. Applications for condonation can be lengthy, expensive, and most importantly can be denied by the CCMA. Should this happen, you will have no ability to move further with the matter and will lose any right of recourse for the dismissal.

If you are having any problems with dismissal or are going through a disciplinary hearing get in touch with us today. The CCMA, and the legal technicalities, can be a difficult place to navigate without the proper knowledge.

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