Purpose of the LRA 7.11 CCMA form?
This form enables a person or organisation to refer a dispute to the CCMA for conciliation and con-arb.
Who Fills in LRA 7.11?
Employer, employee, union or employers’ organisation.
Instructions when using CCMA Forms
A copy of this form must be served on the other party.
Proof that a copy of this form has been served on the other party must be supplied by attaching:
* A copy of a registered slip from the Post Office;§ A copy of a signed receipt if hand delivered;
* A signed statement confirming service by the person delivering the form;
* A copy of a fax confirmation slip; or
* Any other satisfactory proof of service.
The CCMA or Commission for Conciliation, Mediation and Arbitration is an independent body that is not controlled by any business, political party or trade union. It is a dispute reconciliation body, set up in terms of the Labour Act.
If you are an employee in dispute with your employer, or vice versa, over a matter such as:
* Wages and working conditions
* Workplace changes
You may want to ask the CCMA to conciliate or even arbitrate your dispute. A union or employers’ organisation may also initiate this action. You do not need the other party’s consent before taking a matter to the Commission for Conciliation, Mediation and Arbitration.
How to serve and file the CCMA forms:
Completed CCMA forms must first be sent to the other party. This can be done by handing a copy of the form to the other party; by faxing the CCMA form to the other party; or by sending a copy of the form to the address of the other party by registered mail.
When filing the referral form with the Commission for Conciliation, Mediation and Arbitration, proof that you have sent the form to the other party must be attached. This proof can consist of a copy of the receipt signed by or on behalf of the other party, which must include the name and title of the person who received the form and the place, time and date of receipt (if it was hand delivered).
When the notice is faxed a copy of the fax transmission report showing that all the pages of the CCMA form were faxed to the other party can be used. If sent by registered post a copy of the registered mail slip is sufficient proof.
On receipt of the case the CCMA will schedule a hearing date and both parties will be advised of the hearing date in writing.
These documents are used when referring cases to the CCMA. All the forms are provided by the Commission for Conciliation, Mediation and Arbitration