CCMA notification?

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Luba13
Posts: 1
Joined: 20 Jul 2016, 08:26

CCMA notification?

Unread post by Luba13 » 20 Jul 2016, 08:29

Good day,

Does the CCMA send a written notification to you when an ex-employee opens a case at the CCMA against you or do they just do it telephonically?

Furthermore, can they do the hearing via telephone or do you have to go into the CCMA offices?

Thank you for your assistance

Jan du Toit
Posts: 4622
Joined: 18 Jun 2009, 14:35
Location: Gauteng
Contact:

Re: CCMA notification?

Unread post by Jan du Toit » 26 Jul 2016, 10:31

Notification for conciliation may be merely an SMS, but for arbitration you will have to be properly served.

Conciliation may be conducted via telephone, but not arbitration.

CCMA RULES:

5 How to serve documents on other parties
1) A party must serve a document on the other parties -
a) by handing a copy of the document to -
i) the person concerned;
ii) a representative authorised in writing to accept service on behalf of the person;
iii) a person who appears to be at least 16 years old and in charge of the person's place of residence, business or place of employment premises at the time; or
iv) a person identified in sub-rule (2);
b) by leaving a copy of the document at -
i) an address chosen by the person to receive service; or
ii) any premises in accordance with sub-rule (3);
c) by e-mailing, faxing or telexing a copy of the document to the person's e-mail, fax or telex number respectively, or an e-mail address, fax or
telefax number chosen by that person to receive service;
d) by sending a copy of the document by registered post or telegram to the last known address of the party or an address chosen by the party
to receive service.
2) A document may also be served -
a) on a company or other body corporate by handing a copy of the document to a responsible employee of the company or body at its
registered office, its principal place of business within the Republic or its main place of business within the magisterial district in which the
dispute first arose;
b) on an employer by handing a copy of the document to a responsible employee of the employer at the workplace where the employees
involved in the dispute ordinarily work or worked;
c) on a trade union or employers' organisation by handing a copy of the document to a responsible employee or official at the main office of
the union or employers' organisation or its office in the magisterial district in which the dispute arose;
d) on a partnership, firm or association by handing a copy of the document to a responsible employee or official at the place of business of the partnership, firm or association or, if it has no place of business, by serving a copy of the document on a partner, the owner of the firm or the chairman or secretary of the managing or other controlling body of the association, as the case may be;
e) on a municipality, by serving a copy of the document on the municipal manager or any person acting on behalf of that person;
f) on a statutory body, by handing a copy to the secretary or similar officer or member of the board or committee of that body, or anyperson acting on behalf of that body; or
g) on the State or a province, a state department or a provincial department, a minister, premier or a member of the executive committee of a province by handing a copy to a responsible employee at the head office of the party or to a responsible employee at any office of the State Attorney.
3) If no person identified in sub-rule (2) is willing to accept service, service may be effected by affixing a copy of the document to -
a) the main door of the premises concerned; or
b) if this is not accessible, a post-box or other place to which the public has access.
4) The Commission or a commissioner may order service in a manner other than prescribed in this Rule.

5A Notice of proceedings before the Commission
The Commission may provide notice of a conciliation or arbitration hearing, or any other proceedings before it, by means of any of the methods prescribed in Rule 5 and may, in addition, give notice by means of short message service.
Jan du Toit is available to assist employers with all IR related matters.

Labour Guide accepts no liability for any damages or losses as a result of actions taken based on information contained herein. The information contained herein does not serve as alternative to legal advice that may be provided during consultation.

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