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The South African Labour Guide is a private company and has no association with the Commission for Conciliation, Mediation and Arbitration (CCMA), you may find the CCMA on www.ccma.org.za
 
 
CCMA Statement: Provided by the Commission for Conciliation, Mediation and Arbitration (CCMA)

© SA Labour Guide 2010

 

 

 

 

Condonation

Provided by the Commission for conciliation, mediation and Arbitration (CCMA)

An employee must refer the dispute to the CCMA within 30 days. If the employee fails to do this within that time period, he is required to make application to the Commission to condone the reason that he failed to refer his case timeously. This application should preferably be dealt with prior to the conciliation taking place as it is a jurisdictional fact that needs to be dealt with. However, the LRA states that the Commission can condone as late referral at any time, so if it has not been dealt with at the pre-conciliation phase, it should be dealt with as soon as everyone realises that it needs to be considered.

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.

The Commissioner considers the following when deciding whether or not to grant condonation:

  • The degree of lateness of the referral
     
  • The reason for the lateness
     
  • The prospects of success on the merits
     
  • The prejudice to both parties which includes the importance of the matter to each party

    The applicant may make use of the CCMA's pro forma affidavits when applying for condonation.

  • Upcoming Seminars/ Workshops
    Basic Labour Relations:  
    06 October 2010: Southern Sun: OR Tambo International Airport
    AARTO and the Impact on your Business:  
    31 August 2010: Southern Sun: Century City: Canal Walk: Cape Town
    22 September 2010: Southern Sun: OR Tambo International Airport
    The OHS Act and Regulations Course
    14 & 15 September 2010: Southern Sun: OR Tambo International Airport
    Occupational Injuries and Diseases in the workplace (COIDA)
    21 September 2010: Southern Sun: OR Tambo International Airport
    The OHS Act and the Responsibilities of management:  
    04 August 2010: Southern Sun: Century City: Canal Walk: Cape Town
    19 August 2010: Southern Sun: North Beach: Durban
    02 September 2010: The Beach Hotel: Port Elizabeth
    30 September 2010: Southern Sun: OR Tambo International Airport
    15 October 2010: Innes Conference Centre: Bloemfontein
    Successfully conducting your case during conciliations and arbitrations in the CCMA and Bargaining Councils:
    25, 26 & 27 August 2010: Southern Sun: century City (Canal Walk) Cape Town
    Managing Conflict and Union Relations in the Workplace  
    02 & 03 September: Southern Sun: North Beach: Durban
    Health and Safety Representative Course:  
    18 August 2010: Southern Sun: North Beach: Durban
    01 September 2010: The Beach Hotel: Port Elizabeth
    08 July 2010: Southern Sun: OR Tambo International Airport
    14 October 2010: Innes Conference Centre: Bloemfontein
    Health and Safety: Incident/ Accident Investigation Course:  
    25 August 2010: Southern Sun: North Beach: Durban
    05 October 2010: Southern Sun: OR Tambo International Airport
    Employment Equity
    20 August 2010: Southern Sun: OR Tambo International Airport
    Managing Day to Day Issues/ Problem Employees:  
    11 August 2010: Southern Sun: North Beach: Durban
    27 August  2010: Southern Sun: OR Tambo International Airport
    Construction Regulations Course
    12 August 2010: Southern Sun: Century City (Canal Walk) – Cape Town  
    26 August 2010 Southern Sun: North Beach: Durban
    Investigating and Initiating of the case for the complainant at the disciplinary hearing
    16 & 17 September 2010: Southern Sun: OR Tambo International Airport
    29 & 30 September 2010: Southern Sun: Century City (Canal Walk): Cape Town
    How to draft policies and Procedures   
    19 August 2010: Southern Sun: OR Tambo International Airport
    Chairing Disciplinary Hearings   
    28 & 29 September 2010: Southern Sun: Century City (Canal Walk): Cape Town
    29 & 30 September 2010:  Southern Sun: OR Tambo International Airport

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                                                                      Contact numbers: (Training courses, seminars and conferences only)       
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    The South African Labour Guide is a private company and has no association with the Commission for Conciliation, Mediation and Arbitration (CCMA), you may find the CCMA on www.ccma.org.za