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?

Albert van der Merwe

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.

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.

For more stories like this, Get Estate Life Magazine for free

Latest…

General, Lifestyle

Although many prospective buyers test the market online these days, most want to physically visit and experience a property before making one of the biggest investment decisions of their lives. This means that show houses are just as important as ever, says Tyson Properties CEO,...

Read More
General, Lifestyle

Purchasing a property from a deceased estate is no ordinary property transaction. While there might be a great opportunity to buy a home at an attractive price, it’s essential to understand the complexities involved, including the possibility of prolonged waiting periods, says Andrea Tucker, Director...

Read More
General, Lifestyle

Purchasing a home is a significant financial commitment that requires careful planning and long-term dedication. When taking out a bond or mortgage, potential homeowners agree to repay the borrowed amount with interest over a specific period. Managing bond repayments is crucial for maintaining a good...

Read More
General, Lifestyle

Summertime is synonymous with outdoor gatherings, garden parties and the national South African pastime, the ubiquitous braai and creating the ultimate backyard space for these occasions not only enhances your enjoyment of your home, but also its value. “We’re blessed with the perfect climate for outdoor...

Read More
General, Lifestyle

While the demand for residential rentals in South Africa is rising, so is the number of defaulting tenants. The depressed economy, interest rate hikes, and the pandemic’s lingering impact on jobs and income, are contributing to an increasing number of South Africans failing to pay...

Read More
General, Lifestyle

Load shedding continues to significantly reshape the attitudes of homeowners, and the expectations of buyers and sellers, in the South African property market. This is according to Renier Kriek, Managing Director at Sentinel Homes. “Enjoying one’s home to the greatest extent possible during blackouts and...

Read More
No Comments

Post a Comment