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7.11 Referring a dispute to the CCMA for conciliation With POPIA Disclaimer
R0.00To refer a dispute to the CCMA or Bargaining Council, a referral form, also known as an LRA 7.11 form, must be completed and filed on the opposing party in terms of Rule 10 of the CCMA Rules. A general misconception is that only dismissed employees can initiate disputes and refer cases to the CCMA. Employees, employers, trade unions, and employer’s organisations are also entitled to refer cases to the CCMA, and the LRA 7.11 form makes provision for such referrals. The 7.11 referral forms are available on hard copy from the CCMA offices, the Department of Employment and Labour, and electronically on the CCMA website.
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7.12 Certificate of Outcome with POPIA
R0.00A certificate of outcome, also referred to as the 7.12 form, is a document completed and issued by the Commissioner at the CCMA or Bargaining Council after conciliation proceedings, allowing the Applicant to proceed to arbitration or litigate at the Labour Court.
This document allows the Applicant to proceed to the next stage of their case, and the Applicant cannot proceed further with their case without attaching a copy of the certificate of outcome. The pro forma certificate makes a provision for the Commissioner to categorise the dispute and indicate the forum or the following process to follow in resolving the conflict.
In other words, the Commissioner must indicate on the certificate whether the dispute should proceed to arbitration, adjudication at the Labour Court, or to embark on strike action. Rule 15 of the CCMA Rules states that a certificate of outcome must identify the nature of the dispute as described in the referral document or as determined by the Commissioner during the conciliation process.
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7.13 Request for Arbitration With POPIA
R0.00WHAT IS THE PURPOSE OF THIS FORM? – If conciliation fails, a party may request that the CCMA resolve the dispute by arbitration. WHO FILLS IN THIS FORM? – The party requesting the arbitration. (Demarcation disputes (Section 62) must be processed on LRA Form 3.23)
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7.14 Notice of Objection to Arbitration by same Commissioner with POPIA
R0.00HE 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.
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7.15 Application to appoint sc to arbitrate with popia disclaimer
R0.00Application to appoint senior commisioner to arbitrate with popia disclaimer
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7.17 Referral of Cost Dispute with POPIA Disclaimer
R0.00THE PURPOSE OF THIS FORM – To tax a bill of costs. The party requesting the taxation fills in this form.
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7.18 Application to Certify CCMA Award with POPIA Consent
R0.00THE 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.
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7.18A Application to Certify Bargaining Council Award with POPIA
R0.00WHAT 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.
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7.19 Request for Enquiry by Arbitrator
R0.00THE PURPOSE OF THIS FORM – Request for inquiry by arbitrator – An employer requesting a pre-dismissal arbitration fills in this form.
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7.20 Request for S189A Operational Requirements Facilitation with POPIA Consent
R0.00This form enables a party to initiate a section 189A facilitation process.
