REFERRALS TO CCMA AND BARGAINING COUNCILS

After an employee has left your employ he/she normally has 30 days in which to refer the matter either to the Commission for Conciliation, Mediation and Arbitration or the relevant Bargaining Council. Obviously, this referral could be done after 30 days but then the employee has to apply to the Commission to ask them to condone the late referral. This Application is known as a Condonation Application and must be done in writing and a copy must be sent to the employer. Normally a copy of this condonation application is sent with the referral and you, as the employer, need to carefully read this application for condonation if you are unhappy with any part of it, it is incumbent upon you to oppose this condonation application. The opposition to the condonation application must be done in writing and by way of an Affidavit and sent to the Commission with a copy being sent to the ex-employee. This opposition to the condonation application must be made within 14 days after receipt and should contain reasons as to why the merits of the employee’s case are not good. Should anyone receive such an application with a condonation application it would be worthwhile to take advice as invariably we are successful in destroying the entire application by the opposition to the condonation.