SA Labour and Employment Law Documents

At Labour Smart we strive to provide our subscribers with a comprehensive library of labour and employment law documents, templates, forms, information sheets and publications. 

Employees, unions, managers and HR professionals from the smallest to the largest employer, can download templates, information sheets, publications and examples to assist in managing various aspects of HR, dispute resolution, disciplinary hearings and much more.

From our publications you can find guidance about any aspect of Labour law, literally from the date of the interview of the new employee until his dismissal, resignation or retrenchment.

For more information you can contact Labour Smart at 012 345 2955


Main Category
Sub Category
Document Type
Keywords
Title Description Type Price
Conducting Arbitrations in the CCMA and Bargaining Councils
Category CCMA and B/councils
A publication instructing practitioners how to prepare for and conduct conciliation and arbitration proceedings in the CCMA and Bargaining Councils. It includes topics such as a discussion in the CCMA and Bargaining Councils, relevant sections of the LRA, rights and interest disputes, unfair labour practices, schedule 8, unfair dismissal, dispute procedures, conciliation, con-arb, subpoena, pre-dismissal arbitration, CCMA rules and forms, preparation for arbitration, witnesses, statements, evidence and bundles, cross examination, commissioners, opening and closing statements, burden of proof, discussion on evidence, hearsay evidence, postponements, applications, review and rescission. Publication R 330.00 Preview
Affidavit in opposition to condonation application
Category CCMA and B/councils
How to oppose an application for condonation in terms of rule 9 of the CCMA rules, of any referral document or application delivered outside of the applicable time periods as set by the CCMA rules Template R 270.00 Preview
Application for postponement of arbitration in the CCMA
Category CCMA and B/councils
Rule 31 - Application to postpone an arbitration in the CCMA Information Sheet R 110.00 Preview
Argument on points in limine in CCMA arbitrations
Category CCMA and B/councils
A rule 31 application to the CCMA to decide on interlocutory applications or technical points raised by a party in the CCMA arbitration. Information Sheet R 255.00 Preview
Argument on points in limine in CCMA arbitrations
Category CCMA and B/councils
A rule 31 application to the CCMA to decide on interlocutory applications or technical points raised by a party in the CCMA arbitration. Template R 270.00 Preview
CCMA rules and forms
Category CCMA and B/councils
Rules and forms applicable in the CCMA dealing with referral, applications, condonation, subpoenas and wittiness fees. Information Sheet FREE Preview
Confirmationary affidavit
Category CCMA and B/councils
A confirmatory affidavit is needed when a person is mentioned in the primary affidavit. The cautionary rules of evidence prescribe that without an affidavit confirming the correctness of what is averred in the primary application, the evidence is hearsay and inadmissible. A confirmatory affidavit only serves to confirm the details in so far as they relate to that person. Information Sheet R 95.00 Preview
Confirmationary affidavit
Category CCMA and B/councils
A confirmatory affidavit serves to confirm the version stated in the main application in so far as it relates to the person confirming. Template R 240.00 Preview
Disputes about unfair dismissals
Category Dismissal
An information sheet detailing the procedure; compensation; rights & obligations surrounding perceived unfair dismissals and the rights of an employee to approach either the CCMA or Labour Courts after a dismissal. Information Sheet R 285.00 Preview
Example of a closing statement
Category Disciplinary hearings
An information sheet setting out a typical closing statement to be used in CCMA proceedings setting out the legal argument and facts you rely upon. Information Sheet R 150.00 Preview
Example of Index
Category CCMA and B/councils
An example of an index to be used in compilation of bundles of evidence and documents exchanged. Information Sheet R 110.00 Preview
Example of Index
Category CCMA and B/councils
Template of an index to be used in proceedings. Template R 150.00 Preview
Example of leading a witness to give evidence
Category Disciplinary hearings
This information sheet provides information regarding the presenting evidence in chief at a hearing. Information Sheet R 110.00 Preview
Filing cover
Category CCMA and B/councils
A filing sheet is used to present an affidavit for service or filing. Information Sheet R 110.00 Preview
Filing cover
Category CCMA and B/councils
A template of a filing sheet, which is a cover for an affidavit for presentation via service or filing. Template R 130.00 Preview
Introduction of the CCMA and related institutions
Category CCMA and B/councils
The Labour Relations Act codifies the law of unfair dismissals and unfair labour practices. This means that disputes about unfair dismissals and unfair labour practices can only be referred to certain institutions as is provided for by the LRA. Only the disputes as is defined by the Act could be referred to these institutions. The Act aims at an expedited dispute resolution process, involving conciliation and arbitration to settle most dismissal and unfair labour practice disputes. Information Sheet R 230.00 Preview
Letter - Request for Arbitration
Category CCMA and B/councils
Letter to the CCMA requesting a case number to be allocated for arbitration. Information Sheet R 70.00 Preview
Letter - Request for Arbitration
Category CCMA and B/councils
A letter to the CCMA requesting a certificate of outcome. Template R 85.00 Preview
Letter to CCMA - Subpoenas
Category CCMA and B/councils
A letter to the CCMA requesting the Senior Convening Commissioner is to subpoena certain witnesses. Information Sheet R 70.00 Preview
Notice of motion postponement
Category CCMA and B/councils
An information sheet of a notice of motion requesting a postponement of a matter. Information Sheet R 110.00 Preview
Notice of motion postponement
Category CCMA and B/councils
An information sheet of a notice of motion requesting a postponement of a matter. Template R 110.00 Preview
Notice to Oppose
Category Disciplinary hearings
A notice to oppose in the CCMA is important to ensure that the CCMA is aware that the matter will be defended and it provides an address for service of all notices and proceedings in the matter. Information Sheet R 110.00 Preview
Notice to Oppose
Category CCMA and B/councils
A notice to oppose in the CCMA is important to ensure that the CCMA is aware that the matter will be defended and it provides an address for service of all notices and proceedings in the matter. Template R 110.00 Preview
Objection con arb letter
Category CCMA and B/councils
An objecting to a combination of conciliation and arbitration. Con-Arb means that the same commissioner will attempt to reach conciliation, and if this is unsuccessful will immediately commence the arbitration process. This document is used in complex matters where the case warrants greater preparation, exchange of bundles and more time needed. Information Sheet R 70.00 Preview
Objection con-arb Formal
Category CCMA and B/councils
An objecting to a combination of conciliation and arbitration. Con-Arb means that the same commissioner will attempt to reach conciliation, and if this is unsuccessful will immediately commence the arbitration process. This letter is used in complex matters where the case warrants greater preparation, exchange of bundles and more time needed. Template R 125.00 Preview
Objection con-arb Formal
Category CCMA and B/councils
An objecting to a combination of conciliation and arbitration. Con-Arb means that the same commissioner will attempt to reach conciliation, and if this is unsuccessful will immediately commence the arbitration process. This letter is used in complex matters where the case warrants greater preparation, exchange of bundles and more time needed. Information Sheet R 110.00 Preview
Preparation for arbitration
Category Settlement agreements
This paper details how an employer should approach a referral to arbitration. It provides information surrounding preparation; time lines and what to expect. Information Sheet R 415.00 Preview
Pre arbitration minutes
Category CCMA and B/councils
A pre- Arbitration minute serves to narrow the issues in dispute between parties; set out common-cause facts. It is also an agreement on the practical running of the arbitration. Information Sheet R 150.00 Preview
Pre arbitration minutes
Category CCMA and B/councils
A pre-arbitration minute is used by parties to an arbitration to limit the issues in dispute; identify the common cause facts and come to agreement on the process of the arbitration. Template R 165.00 Preview
Pre dismissal arbitration
Category Discipline
Section 188A regulates a pre-dismissal arbitration process. This process is held through the CCMA or bargaining council and should be used only in regard to high level employees. Information Sheet R 110.00 Preview
Preparation for arbitration
Category CCMA and B/councils
An information sheet on the procedures and processes of an arbitration at the CCMA/ Bargaining council and what an employer can expect in order to adequately prepare. Information Sheet R 415.00 Preview
Presenting or defending your case
Category Disciplinary hearings
An information sheet detailing how to prepare for and defend an arbitration at the CCMA or Bargaining Council. Details are provided as to who the role players are in an arbitration; the process; presentation of evidence and leading and cross-examination of witnesses. Information Sheet R 600.00 Preview
Recissions
Category CCMA and B/councils
The variation or rescission of arbitration awards or rulings (a ruling is made by a Commissioner if it has the effect of a final order) should be done by way of an application, within 14 days of the date on which the applicant became aware of the arbitration award or ruling or became aware of the mistake common to the parties to the proceedings. Information Sheet R 110.00 Preview
Recruitment Policy
Category Policies
The purpose of this policy is to provide fair and consistent guidelines for implementation of best recruitment practices in a Company. Information Sheet R 255.00 Preview
Recruitment Policy
Category Policies
The purpose of this policy is to provide fair and consistent guidelines for implementation of best recruitment practices in a Company. Template R 300.00 Preview
Requirments of the Polygraphist when testifying in the Court and the CCMA
Category CCMA and B/councils
Polygraph examiners have widely been accepted as expert witnesses whose evidence needs to be tested for its probative value and reliability, when testifying in court or the CCMA. Therefore the Polygraph examiners should be called to testify as an expert witness during the disciplinary hearing, the CCMA arbitration or the Labour Court. Information Sheet R 230.00 Preview
Rights and interest disputes
Category CCMA and B/councils
A dispute of right constitutes a legal claim to which a party to the employment relationship is entitled. This entitlement is constituted by virtue of the employment contract, a collective agreement, a statute or even common law. An interest dispute involves a claim by a party which relates to something new, therefore something that party is entitled to yet. Information Sheet R 230.00 Preview
What is the CCMA
Category CCMA and B/councils
The CCMA is set up as an independent jurisdiction person. It has jurisdiction in all the provinces in the Republic and has established provincial offices in all the Provinces. Information Sheet R 95.00 Preview
LRA 3.12 Form - Referring Public Service Jurisdictional Disputes for Conciliation
Category CCMA
THE PURPOSE OF THIS FORM - If there is a dispute between two or more bargaining councils in the public service, including the PSCBC, the dispute must be referred to the CCMA in terms of Section 38 of the Labour Relations Act 1995. Any party to the dispute fill in this form. Forms FREE Preview
LRA 3.13 Form - Referring public service jurisdictional disputes for arbitration
Category CCMA
THE PURPOSE OF THIS FORM - If there is a dispute between two or more bargaining councils in the public service, including the PSCBC and the dispute has been referred for conciliation and is unresolved, any party may request the CCMA to arbitrate the dispute in terms of section 38(4) of the Labour Relations Act, 1995. Any party to the dispute fills in this form. Forms FREE Preview
LRA 3.23 Form - Application about demarcation dispute
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by a party to the CCMA to settle a demarcation dispute. This form is filled in by any registered trade union, Employee, Employer, Registered employers’ organisation or Council. Forms FREE Preview
LRA 4.1 Form - Request to establish picketing rules
Category CCMA
THE PURPOSE OF THIS FORM - This form is a request by a party to the CCMA to secure agreement on picketing rules during a strike or lockout. A registered trade union or employer fills in this form. Forms FREE Preview
LRA 4.2 Form - Referring disputes for determination as an essential service
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application to the essential services committee for a determination that a service is an essential service or that a person works in an essential service. An essential service means a service, which, if interrupted, would endanger the life or health of people. Parliamentary services and the South African Police Service are defined as essential services. Any party to the dispute fills in this form. Forms FREE Preview
LRA 4.3 Form - Employer applies for maintenance service determination
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application, by an employer, to the essential services committee for a determination that the whole, or part of the employer’s business, is a maintenance service. A service is a maintenance service if the interruption of that service has the effect of material or physical destruction to any working area, factory or machinery. An employer fills in this form. Forms FREE Preview
LRA 4.6 Form - Subpoena by essential services committee
Category CCMA
Subpoena by essential services committee - The following MUST be attached to a request for a subpoena: (a) motivation for the application and (b) proof that witness fees, travelling costs and subsistence expenses have been paid. Forms FREE Preview
LRA 4.7 Form - Bargaining council request for essential service investigation
Category CCMA
THE PURPOSE OF THIS FORM - This form is a request to the essential services committee to conduct an investigation as to whether the whole or part of any service is an essential service. An essential service means a service, which, if interrupted, would endanger the life or health of people. WHO FILLS IN THIS FORM? - The Secretary of the Bargaining Council. Forms FREE Preview
LRA 4.8 Form - Request for ratification of collective agreement providing for maintenance of minimum services
Category CCMA
THE PURPOSE OF THIS FORM - This form is a request to the essential services committee to ratify any collective agreement that provides for the maintenance of minimum services in a service designated as an essential service. Representatives of the parties to the collective agreement fills in this form. Forms FREE Preview
LRA 5.1 Form - Representative trade union applies to establish a workplace forum
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by one or more representative trade unions for the establishment of a workplace forum. A workplace forum may be established in any workplace with more than 100 employees. This number excludes senior managerial employees. An application may only be made if there is not existing workplace forum established in terms of the Act. A representative trade union fills in this form. Forms FREE Preview
LRA 5.2 Form - Representative trade union applies to establish a Trade-Union based workplace forum
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by one or more trade unions, which are recognised by an employer for the purposes of collective bargaining to represent all employees (except senior managerial employees), for the establishment of a workplace forum. An application may only be made if there is no existing forum established in terms of the Act. A trade union fills in this form. Forms FREE Preview
LRA 7.1 Form - Council applies for accreditation
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by a Council to the Governing Body of the CCMA for accreditation to perform various dispute resolution functions. The Secretary of the Council fills in this form. Forms FREE Preview
LRA 7.2 Form - Private agency applies for accreditation
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by a private agency to the Governing Body of the CCMA for accreditation to perform various dispute resolution functions. An authorised representative of the private agency fills in this form. Forms FREE Preview
LRA 7.5 Form - Council or private agency applies to amend accreditation
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by an accredited council or accredited private agency to the CCMA to amend its accreditation. For example, the amendment can relate to nature of services, scope of work or area. An accredited council or accredited private agency fills in this form. Forms FREE Preview
LRA 7.6 Form - Council applies to renew accreditation
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by an accredited council to the CCMA to renew its accreditation either in the current or amended form. An accredited council fills in this form. Forms FREE Preview
LRA 7.7 Form - Private agency applies to renew accreditation
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by an accredited agency to the CCMA to renew its accreditation, either in the current or amended form. An accredited agency fills in this form. Forms FREE Preview
LRA 7.8 Form - Council applies for subsidy
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by a Council to the Governing Body of the CCMA for a subsidy to perform dispute resolution functions and train people to perform these functions. An accredited Council or a Council applying fills in this form Forms FREE Preview
LRA 7.9 Form - Private agency applies for subsidy
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by a private agency to the Governing Body of the CCMA for a subsidy to perform various dispute resolution functions. An authorised representative fills in this form Forms FREE Preview
LRA 7.10 Form - Council or private agency applies for renewal of subsidy
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by an accredited Council or an accredited agency for a renewal of a subsidy to perform various dispute resolution functions. An accredited Council or accredited agency fills in this form. Forms FREE Preview
LRA 7.11 Form - Part A referring a dispute to the CCMA for conciliation (including CON-ARB)
Category CCMA
THE PURPOSE OF THIS FORM - This form enables a person or organisation to refer a dispute to the CCMA for conciliation and con-arb. Employer, employee, union or employers’ organisation fills in this form. Forms FREE Preview
LRA 7.14 Form - Notice of objection to arbitration by same commissioner
Category CCMA
THE PURPOSE OF THIS FORM - This form notifies the CCMA that a party objects to an arbitrator who is the same commissioner who led the conciliation process. Objecting party fills in this form. Forms FREE Preview
LRA 7.15 Form - Application to appoint senior commissioner to arbitrate
Category CCMA
THE PURPOSE OF THIS FORM - This form is an application by a party to the CSC of the CCMA to appoint a Senior Commissioner to arbitrate. A party to the dispute fills in this form. Forms FREE Preview
LRA 7.16 Form - Subpoena
Category CCMA
CCMA Subpoena form Forms FREE Preview
LRA 7.18 Form - Application to certify CCMA award and writ of execution
Category CCMA
THE PURPOSE OF THIS FORM - This form requests the Director of the CCMA to certify that an award made by a CCMA Commissioner is a genuine award. Forms FREE Preview
LRA 7.18A Form - Application to certify Bargaining Council award
Category CCMA
WHAT IS THE PURPOSE OF THIS FORM? - This form requests the Director or delegated Commissioner of the CCMA to certify that an award issued under the auspices of a Bargaining Council is an award issued by a Bargaining Council Arbitrator. Forms FREE Preview
LRA 7.19 Form - Request for inquiry by arbitrator
Category CCMA
THE PURPOSE OF THIS FORM - Request for inquiry by arbitrator - An employer requesting a pre-dismissal arbitration fills in this form. Forms FREE Preview
LRA 7.20 Form - Request for Section 189A operational requirements facilitation
Category CCMA
THE PURPOSE OF THIS FORM - This form enables a party to initiate a section 189A facilitation process. Forms FREE Preview
LRA 7.21 Form - Request for advisory award on whether a person is an employee
Category CCMA
THE PURPOSE OF THIS FORM - This form is a request to the CCMA to issue an advisory award determining whether a person is an employee. WHO FILLS IN THIS FORM? The parties to any working arrangement may request an advisory award provided the affected person/s earn R149.736 per annum or less. Forms FREE Preview
CCMA Fees and Cost - April 2012
Category CCMA
The circumstances under which the CCMA may charge fees. The CCMA does not generally charge fees for its dispute resolution work, but may do so in exceptional circumstances Forms FREE Preview
Condonation Application - Unfair Labour Practice (CCMA)
Category CCMA
Application for Condonation in respect of unfair labour practice / unfair discrimination dispute Forms FREE Preview
CCMA Arbitration Guidelines
Category CCMA
Guidelines on misconduct arbitrations, in terms of 115(2)(g) of the labour relation act (66 of 1995), effective from 1 January 2012 Forms FREE Preview
What is Arbitration CCMA
Category CCMA
Information sheet by the CCMA on what Arbitration is - Arbitration is a more formal process than conciliation. Arbitration differs from conciliation in that it does not promote the continuation of collective bargaining and negotiations. Forms FREE Preview
Collective Agreements CCMA
Category CCMA
Information Sheet by the CCMA on Collective Agreements (1) - A collective agreement is a written agreement concerning terms and conditions of employment, or any other matter of mutual interest. Forms FREE Preview
Compensation Commissioner CCMA
Category CCMA
Information sheet by the CCMA on Compensation Commissioner - In terms of the Compensation for Occupational Injuries and Diseases Act (COIDA) of 1993, an employee is defined as any person who has entered into a contract of service with an employer. (Mar 2002) Forms FREE Preview
Con-Arb CCMA
Category CCMA
Information sheet by the CCMA on Con-Arb - Section 191 now makes provision for the con-arb process, which is a speedier one-stop process of conciliation and arbitration for individual unfair labour practices and unfair dismissals. (Mar 2002) Forms FREE Preview
Conciliation CCMA
Category CCMA
Information sheet by the CCMA on Conciliation - A conciliation hearing is a process where a commissioner (or a panellist, in the case of a bargaining council or agency) meets with the parties in a dispute explores ways to settle the dispute by agreement. Forms FREE Preview
Constructive Dismissal CCMA
Category CCMA
Information sheet by the CCMA on Constructive Dismissal - Constructive dismissal is where an employee resigns with or without a notice or leaves employment due to unfair pressure, unreasonable instruction or unbearable conduct on the part of the employer. Forms FREE Preview
Desertion CCMA
Category CCMA
Information sheet by the CCMA on Desertion - Desertion implies that an employee has left the place of work and does not appear to have any intention of returning to the workplace. Forms FREE Preview
Disciplinary Procedures CCMA
Category CCMA
information sheet by the CCMA on Disciplinary Procedures - The purpose of a disciplinary code and procedure is to regulate standards of conduct and incapacity of employees within a company or organisation. Forms FREE Preview
Discrimination CCMA
Category CCMA
Information sheet by the CCMA on Discrimination - Discrimination is to show favour, prejudice or bias for or against a person on any arbitrary grounds, for example on the basis of race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age disability, religion, HIV status, conscience, belief, political opinion, culture, language and birth by an employer. Forms FREE Preview
Drunkenness On Duty CCMA
Category CCMA
information sheet by the CCMA on Drunkenness On Duty - Drunkenness on duty and partaking of alcohol on duty (whether or not the employee is intoxicated) may constitute misconduct. Forms FREE Preview
Employment Equity CCMA
Category CCMA
information sheet by the CCMA on Employment Equity - South Africa has a legacy of discrimination in relation to race, gender and disability that has denied access to opportunities for education, employment, promotion and wealth creation to the majority of South Africans. Forms FREE Preview
Employment v Independent Contractor CCMA
Category CCMA
Information sheet by the CCMA on Employment v Independent Contractor - The employment contract serves as the foundation for the relationship between an employee and that employee’s employer. It is also the starting point for the entire system of labour law rules. Forms FREE Preview
Essential Service Designations CCMA
Category CCMA
Information sheet by the CCMA on Essential Service Designations - The Essential Services Committee has declared 18 services to be essential. (Jan 2002) Forms FREE Preview
Essential Services CCMA
Category CCMA
Information sheet by the CCMA on Essential Services - Essential services are those that, if interrupted would endanger the life, personal safety or health of the whole or any part of the population. Forms FREE Preview
Harassment CCMA
Category CCMA
Information sheet by the CCMA on Harassment - Harassment is an incident that has happened to an individual at the workplace that is unwelcome, unwanted and has a destructive effect. Forms FREE Preview
Ill-Health or Injury CCMA
Category CCMA
Information sheet by the CCMA on Ill-Health and Injury - Illness or injury (incapacity) of a serious nature may be a valid reason for dismissal. Forms FREE Preview
Insolvency and Liquidation CCMA
Category CCMA
Information sheet by the CCMA on Insolvency and Liquidation - Final liquidation occurs when a company or close corporation has applied to the High Court (or the Magistrate’s Court in the case of the close corporation) for an order of final liquidation. Forms FREE Preview
Late Referrals CCMA
Category CCMA
Information sheet by the CCMA on Late Referrals - Applications for condonation - The Labour Relations Act, as amended, stipulates that unfair dismissal disputes need to be referred to the CCMA within 30 days of the date of the dismissal. Forms FREE Preview
Leave CCMA
Category CCMA
Information sheet by the CCMA on Leave - Sick leave, annual leave, family responsibility leave and maternity leave. Forms FREE Preview
Ministerial Determinations CCMA
Category CCMA
Information sheet by the CCMA on Ministerial Determinations - The Minister of Labour may establish basic conditions of employment for employees in a certain sector or area by means of a Ministerial Determination. (Mar 2002) Forms FREE Preview
Misconduct CCMA
Category CCMA
Information sheet by the CCMA on Misconduct (1) - Misconduct is one of the grounds recognised by the law that may give reason for the dismissal of an employee. The law promotes the principle of progressive discipline. Forms FREE Preview
Pension Funds Adjudicator CCMA
Category CCMA
Information sheet by the CCMA on Pension Funds Adjudicator - The office of the Pension Funds Adjudicator was established with effect from 1 January 1998 to investigate and decide complaints lodged in terms of the Pension Funds Act. Forms FREE Preview
Polygraph Testing CCMA
Category CCMA
Information sheet by the CCMA on Polygraph Testing - It is a test used to verify a person’s truthfulness and is often called a ‘Lie Detector Test. (Jan 2002) Forms FREE Preview
Poor Work Performance CCMA
Category CCMA
Information sheet by the CCMA on Poor Work Performance - South African labour laws recognise that an employer may require work performance of an acceptable standard, and that employees should be protected against unfair treatment. Forms FREE Preview
Pre-Dismissal Arbitrations CCMA
Category CCMA
Information sheet by the CCMA on Pre-Dismissal Arbitrations - It often happens that an employee (more often a senior employee) and employer consent to a disciplinary enquiry relating to conduct or capacity being chaired by a neutral outside party. Forms FREE Preview
Probation CCMA
Category CCMA
Information sheet by the CCMA on Probation - Probation is for newly appointed employees only. The purpose of probation is to establish whether or not the appointee’s performance is of an acceptable standard before permanently employing the employee. Forms FREE Preview
Promotion of Access to Information Act CCMA
Category CCMA
Information sheet by the CCMA on Promotion of Access to Information Act - This Act gives effect to the constitutional right of access to information contained in the Bill of Rights. Forms FREE Preview
Rescission and Review CCMA
Category CCMA
Information sheet by the CCMA on Rescission and Review - The effect of an arbitration award issued by a commissioner is that the award is final and binding and may be enforced as if it were an order of the Labour Court, unless it is an advisory arbitration award. Forms FREE Preview
Retrenchment CCMA
Category CCMA
information sheet by the CCMA on Retrenchment - Consultation must take place as soon as the employer contemplates retrenchment. Forms FREE Preview
Retrenchment in Terms of Section 189A CCMA
Category CCMA
Information sheet by the CCMA on Retrenchment in Terms of Section 189A - This section applies to employers employing more than 50 employees. Forms FREE Preview
Skills Development CCMA
Category CCMA
Information sheet by the CCMA on Skills Development - The Skills Development Act is aimed at developing strategies and improving the skills of the workforce, to provide for learner ships, to provide for financing of skills development and to regulate employment services. Forms FREE Preview
Termination of Employment CCMA
Category CCMA
Information Sheet by the CCMA on Termination of Employment - These rules on termination of employment do not apply to employees who work less than 24 hours per month. The length of employment determines the notice period. Forms FREE Preview
Transfer of Contracts of Employment CCMA
Category CCMA
Information sheet by the CCMA on Transfer of Contracts of Employment - When a company is transferred or sold ‘as is’ to a new owner, the employees’ contracts of employment are transferred to the new company without any changes. Forms FREE Preview
Unfair Labour Practice CCMA
Category CCMA
Information sheet by the CCMA on Unfair Labour Practice - unfair treatment by an employer of an employee or job applicant. Forms FREE Preview
Unilateral Changes CCMA
Category CCMA
Information sheet by the CCMA on Unilateral Changes - Terms and conditions of employment of employees are normally stipulated in their contracts of employment, which can either be verbal or be in writing. Forms FREE Preview
Work Times CCMA
Category CCMA
Information sheet by the CCMA on Work Times - This does not apply to senior managers, travelling sales staff or people who work less than 24 hours a month. Employees earning more than R205 433.30 a year are also excluded. (2014) Forms FREE Preview
Workplace Forums CCMA
Category CCMA
Information sheet by the CCMA on Workplace Forums - The workplace forum is designed to provide non-adversarial opportunities for employers and employees to cooperate by means of consultation and joint decision-making on a range of workplace related issues excluding wage negotiations. Forms FREE Preview
Written Particulars of Employment CCMA
Category CCMA
Information sheet by the CCMA on Written Particulars of Employment - In terms of the law, when an employee starts to work for the employer, certain details must be written down. These may form part of a written contract of employment. Forms FREE Preview
Affidavit in opposition to condonation application - pdf
Category CCMA and B/councils
How to oppose an application for condonation in terms of rule 9 the of CCMA rules, of any referral document or application delivered outside of the applicable time periods as determined by the CCMA Rules. Information Sheet R 255.00 Preview
Remedies - What can we claim in the CCMA
Category CCMA and B/councils
When referring a claim to the CCMA, one of the first and most crucial decisions that need to be made by the employee is exactly what remedy he or she wants and what type of claim for remuneration and benefits can be claimed in the CCMA or bargaining council? Employees are often dissatisfied with their benefits and salary and threaten regularly with claims to the CCMA and Department of Labour. Employers refer to civil claims and many an employee lost jurisdictional claim for benefits and remuneration in the CCMA. Articles FREE Preview
Remuneration and benefits claims in the CCMA
Category CCMA and B/councils
Many an employer and employee are at a lost as to exactly what type of claim for remuneration and benefits can be claimed in the CCMA or bargaining councils. Employees are often dissatisfied with their benefits and salary and threaten regularly with claims to the CCMA and Department of Labour. Employers refer to civil claims and many an employee lost jurisdictional claim for benefits and remuneration in the CCMA. Articles FREE Preview
The CCMA and the role of the trust relationship
Category Discipline
When referring a claim to the CCMA, one of the first and most crucial decisions that need to be made by the employee is exactly what remedy he or she wants and what type of claim for remuneration and benefits can be claimed in the CCMA or bargaining council? Employees are often dissatisfied with their benefits and salary and threaten regularly with claims to the CCMA and Department of Labour. Information Sheet R 95.00 Preview
When to apply for rescission in the CCMA
Category CCMA and B/councils
Rescission is governed by Rule 32 of the CCMA rules read with section 144 of the LRA. It can only be sought on very limited grounds as set out in section 144. This article considers the interpretation of section 144 - Rescission - through the case law. Articles FREE Preview
Enforcement of CCMA awards and costs orders
Category Disciplinary hearings
It is the applicant’s duty to ensure that an award she has obtained from the CCMA is enforced. It is not an easy process to follow and to do so, an applicant has to follow the procedure prescribed in the CCMA rules. According to the LRA, the CCMA award is final and binding and may be made an order of the Labour Court if the other party fail to pay or reinstate. Information Sheet R 95.00 Preview
Fees Charged By The CCMA
Category CCMA
The new fees charged by the CCMA for services. Information Sheet FREE Preview
New CCMA Rules 2015
Category CCMA
The New Rules by the CCMA (17 March 2015) as published by the Government Gazette (Large Document - 2.4 MB / 48 Pages) Information Sheet FREE Preview
Agreement to Postpone in CCMA
Category Settlement agreements
Template - Agreement between applicant and respondent to Postpone in the CCMA Template R 75.00 Preview
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