Applications to the CCMA are dealt with in terms of Rule 31 of the rules of the CCMA. Various types of applications can be made, including for condonation, joinder, substitution, variation or rescission.
Let us look at one of these as an example of what it entails to bring an application to the CCMA. Should an ex-employee want to take his employer to the CCMA, he has 30 days within which to do so. If that employee is outside the 30 days time limit for bringing a dispute to the CCMA, then he has to make application for condonation for a late submission to the CCMA.
He has to file various documents before an application may be processed. They are a notice of application, a founding affidavit, confirmatory or supporting affidavits (if necessary), a schedule listing the documents that are material and relevant and proof of service on the respondent.
In his papers he has to advise the respondent that if the respondent intends to oppose the matter, the respondent must deliver a notice of opposition and an answering affidavit within 14 days of receipt of the notice of application and that if the respondent fails to do so: the application may be heard in the respondent’s absence .The respondent in his notice of opposition has to submit documents similar in form to those cited above.
The commissioner tasked with whether to grant condonation, must decide the matter on the degree of lateness, the reason for the lateness, the applicant’s prospects of success and the prejudice that the respondent will suffer if the matter is allowed to proceed.
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