CCMA Rules

Question 1

Rule 3

Answer 1

How to calculate Time Periods

• Days means a calendar day
• First day is excluded and last day is included
• Last day of any period must be excluded if it falls on Sat, Sun, Public Holiday or in period between 16 Dec. and 7 Jan.

Question 2

Rule 5 (with 6)

Answer 2

How to serve documents on other parties:

• By handing a copy of the document to: person concerned, a rep authorised in writing to accept service obo the person, a person who appears to be at least 16 years old and apparently in charge of the person’s place of residence, a person in subrule (2)
• By leaving a copy of the document at: an address chosen by the person to receive service or any premises in accordance with subrule (3)
  (2) -
• A document may also be served on a company by handing to a responsible person of the company at its registered office
• etc.
  (3) -
• If no person n the above is available, may affix copy to
  a. Main door of premises
  b. A post-box or other place where public has access

Rule 6: How to prove that a document was served in terms of the rules

Question 3

Rule 9 (with 31)

Answer 3

How to seek condonation for documents delivered late:

• A party must apply for condonation ito Rule 31, when delivering the document late to the Commissioner
• An application for condonation must set out the grounds for seeking condonation and must include the details of-
  a. The degree of lateness
  b. The reasons for lateness
  c. The referring parties’ prospects of succeeding with the referral or application and obtaining the relief sought against the other party
  d. Any prejudice to the other party
  e. Any other relevant factors

Rule 31: How to bring an application

Question 4

Rule 13

Answer 4

What happens when a party fails to attend at conciliation

Question 5

Rule 30

Answer 5

What happens when a party fails to attend arbitration proceedings before the Commissioner

Question 6

Rule 17

Answer 6

Conduct of con-arb

Question 7

Rule 18

Answer 7

How to request arbitration

Question 8

Rule 21

Answer 8

When must the Commission notify parties of an arbitration

Question 9

Rule 23

Answer 9

How to postpone an arbitration

Question 10

Rule 25

Answer 10

Representation before the Commission

Question 11

Rule 35

Answer 11

Condonation for failure to comply with the rules and form

Question 12

Rule 40

Answer 12

Certification and enforcement of arbitration awards