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https://labourguide.co.za/most-recent/2077-determining-jurisdiction-ccma-or-bargaining-council
“Determining Jurisdiction” CCMA or Bargaining Council? By Johann Scheepers [Joy Global Africa (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JA 119/13) [2015] ZALAC 1 (15 January 2015)] – SA Labour Appeal Court Judgment] [Also see: Qibe v Joy Global Africa
The Commission for Conciliation, Mediation and Arbitration (CCMA) is a dispute resolution body established in terms of the Labour Relations Act, 66 of 1995 (LRA). It is an independent body, does not belong to and is not controlled by any political party, trade union or business.
https://labourguide.co.za/ccma-informations/364-get-the-power-of-the-ccma-behind-you
The CCMA is an independent body established by law to carry out a range of workplace dispute resolution and prevention functions. The commission's communications division sent us this basic step-by-step guide on how to refer disputes. ... Consider whether the dispute falls under the CCMA's jurisdiction and refer it appropriately.
http://ccmarecovery.syncrony.com/Services/Individual-Employee-Employer/Unfair-dismissals-unfair-labour-practices
An unfair labour practice means any unfair act or omission that arises between an employer and an employee, involving: The unfair conduct of the employer relating to the promotion, demotion or training of an employee or relating to the provision of benefits to an employee
http://www.polity.org.za/article/thats-unfair-how-to-lodge-your-claim-with-the-ccma-2011-02-03
While employees know about the CCMA (Commission for Conciliation, Mediation and Arbitration) and what is does, many employees are unaware of the procedure to follow in order to successfully refer their disputes. The CCMA was set up to resolve labour disputes in a cost effective and expedient manner.
https://www.jrattorneys.co.za/south-african-labour-law-articles/dismissals/retrenchment-of-single-employees.html
Retrenchment of single employees – The LAC has spoken on jurisdiction Johanette Rheeder. Since 2007, the question of jurisdiction of the CCMA in a single employee retrenchment was a much argued and discussed topic.
https://www.globalworkplaceinsider.com/files/2013/10/Law-Society-of-the-Northern-Provinces-v-Minister-of-Labour-and-Others-2013-1-SA-468-GNP.pdf
IN THE LABOUR COURT OF SOUTH AFRICA (HELD AT JOHANNESBURG) Case No JS 1318/09 In the matter between: GABRIEL MABITLE First Applicant ... 1.3 They referred an unfair dismissal dispute to the CCMA on 11 September 2007 ... jurisdiction and that the matter should be referred to the Labour Court [See pg 83-
https://pmg.org.za/committee-meeting/2866/
Sep 15, 2003 · Complaint by Mr S Mohamed against CCMA: briefing; Committee Report on SETA hearings. ... Mr Mohamed’s main complaints against the CCMA was that no more work was given to him, ... stressed that the correct procedures according to the rules should be followed under the proper area of jurisdiction so that no bad precedent was established.
http://www.bcrc.co.za/forms/DECIDED%20COURT%20CASES.pdf
DECIDED COURT CASES INDEX: 15 January 2010 NO DESCRIPTION 1 Dismissals 1.1 Jurisdiction – CCMA/ Labour Court 1.2 Desertion 1.3 Operational Requirements 1.3.1 Determination of length of service: Severance pay 1.3(A) Bumping 1.4 Operational Requirements – Meaning of Fair ... Disciplinary procedure - Hearing - Employer should hold hearing when ...
https://www.iol.co.za/capeargus/opinion/love-thy-labour-unresolved-disputes-ccma-and-bargaining-councils-15007109
The CCMA and the bargaining councils have been incredibly successful and effective in handling disputes. There is a formal process that has to be undertaken by either the employee or his/her ...
http://www.workinfo.org/index.php/articles/item/1562-labour-dispute-resolution-eeoc-usa-ccma-sa-a-comparative-analysis
LABOUR DISPUTE RESOLUTION: EEOC [USA] & CCMA [SA] - A COMPARATIVE ANALYSIS “Once upon a time, men arguably wiser and more sensible than those of the present era settled their disputes by sitting down together in a civilised fashion and talking until the problem was solved.
https://www.iol.co.za/pretoria-news/how-to-tackle-a-ccma-battle-17635603
The rules for the conduct of CCMA proceedings are similar to those in various bargaining councils and can be obtained from the CCMA, the Department of Labour or accessed on line. ... sufficiently ...
https://juta.co.za/media/filestore/2019/03/ILJ_April_2019.pdf
Disciplinary Code and Procedure — Delay in Finalising Internal Appeal ... CCMA lacked jurisdiction to grant such relief ... her complaints of victimisation, bullying and harassment suffered at the hands of her line manager. The commissioner, in determining the true nature of the dispute, found that on the ...
https://smetoolkit.businesspartners.co.za/en/content/what-ccma-and-what-does-it-do
A letter from the Commission for Conciliation, Mediation and Arbitration (CCMA) is the last thing any business owner wants to get. But what exactly is the CCMA, how does it operate, and how can you avoid ever having to see the inside of their building? The CCMA was established to provide the country with an accessible, user-friendly and, above all, inexpensive labour dispute
https://www.worklaw.co.za/SearchDirectory/Legislation/COMMISSIONERS.asp
Not influence CCMA officials or employees by improper means, including gifts or other inducements. ... 4.5.1. If the terms of reference provide for a procedure to be followed for determining challenges to the conciliators and arbitrators, then those procedures should be followed. 4.5.2. ... JURISDICTION 18.
http://www.saflii.org/za/cases/ZALCJHB/2017/25.html
THE LABOUR COURT OF SOUTH AFRICA. JOHANNESBURG. Not reportable. Case no: JR 33/15 ... reasonableness ordinarily has no place in a review where the enquiry is whether or not the CCMA had jurisdiction. This is an assessment that must be made objectively, having regard to the facts placed before the commissioner. ... the employee did not follow a ...
https://www.bregmans.co.za/time-limits-in-which-to-deal-with-labour-issues/
May 09, 2014 · Procedure for referral for Conciliation ... The CCMA Rules, require the applicant to bring an application, on affidavit (sworn statement), explaining why the referral is late and why the CCMA should allow the matter to continue (condonation). The Labour Relations Act permits condonation to be granted on “good cause shown”.
http://www.saflii.org/za/cases/ZALCJHB/2014/220.html
Solidarity obo Van Vuuren v Lekwa Local Municipality and Others (JR2791/08) [2014] ZALCJHB 220 (19 June 2014) ... the facts which would give the CCMA jurisdiction to entertain the dispute existed. ... It was only when the complaints did not stop after all the attempts that Van Vuuren was reminded of his job description as his complaints were ...
http://legalhero.co.za/2015/05/05/salary-claim/
May 05, 2015 · Many people make the mistake of taking the matter up with the CCMA or their Bargaining Counsel. However, as a general rule, all money related matters such as unpaid salary, overtime pay, leave pay, etc. are referred to the Department of Labour.
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