The CCMA has set rules for the conduct of its proceedings .
These rules cover a range of matters including who may and who may not represent a party at CCMA hearings.
These Rules for the Conduct of Proceedings before the CCMA were last amended in 2003.
These rules will again be updated shortly.
This will happen once the present National Economic and Labour Development Council (NEDLAC) process to amend the Labour Relation Act of 1995 has been finalized.
In amending the Rules, the CCMA will consider leading case law which has had an impact on the conduct of processes before the CCMA.
For example, the provisions of Rule 13 read with Rule 30 which permitted a commissioner to dismiss a dispute after conciliation if the referring party (employee) does not attend.
The Labour Court has since decided that such a rule is invalid.
Over the years, there have also been legal challenges to certain rules.
For example, to the correct interpretation of Rule 25 on representation in proceedings before the CCMA.
More recently there has again been a legal challenge to the constitutionality of Rule 25 which presently limits legal representation in the CCMA.
Other important rules deal with time limits related to bringing various applications such as condonation and rescission rulings, for the issuing of subpoenas.
The rules also clearly set out how an application must be brought.
For example, an application requesting the CCMA to condone the late referral of a dispute must be served on all other parties to a dispute before it is served on the CCMA and proof of such service must be shown to the CCMA.
On the other hand, an application for the CCMA to subpoena a document or for a person to be in attendance must be made at least seven days before the scheduled date of the hearing.
In the current LRA of 1995 amendment process being undertaken by the Department of Labour, the CCMA is undertaking a full review of its Rules and forms and will, where required amend such rules.
The overall focus will be to ensure that the CCMA becomes even more user friendly and efficient following such an amendment process.
Important CCMA Rules
The CCMA has set rules for the conduct of its proceedings .
These rules cover a range of matters including who may and who may not represent a party at CCMA hearings.
These Rules for the Conduct of Proceedings before the CCMA were last amended in 2003.
These rules will again be updated shortly.
This will happen once the present National Economic and Labour Development Council (NEDLAC) process to amend the Labour Relation Act of 1995 has been finalized.
In amending the Rules, the CCMA will consider leading case law which has had an impact on the conduct of processes before the CCMA.
For example, the provisions of Rule 13 read with Rule 30 which permitted a commissioner to dismiss a dispute after conciliation if the referring party (employee) does not attend.
The Labour Court has since decided that such a rule is invalid.
Over the years, there have also been legal challenges to certain rules.
For example, to the correct interpretation of Rule 25 on representation in proceedings before the CCMA.
More recently there has again been a legal challenge to the constitutionality of Rule 25 which presently limits legal representation in the CCMA.
Other important rules deal with time limits related to bringing various applications such as condonation and rescission rulings, for the issuing of subpoenas.
The rules also clearly set out how an application must be brought.
For example, an application requesting the CCMA to condone the late referral of a dispute must be served on all other parties to a dispute before it is served on the CCMA and proof of such service must be shown to the CCMA.
On the other hand, an application for the CCMA to subpoena a document or for a person to be in attendance must be made at least seven days before the scheduled date of the hearing.
In the current LRA of 1995 amendment process being undertaken by the Department of Labour, the CCMA is undertaking a full review of its Rules and forms and will, where required amend such rules.
The overall focus will be to ensure that the CCMA becomes even more user friendly and efficient following such an amendment process.
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending
Latest Videos