Welcome To CCMA Online: REFERRING A DISPUTE TO THE CCMA FOR CONCILIATION (INCLUDING CON-ARB)

LRA Form 7.11

DETAILS OF PARTY REFERRING DISPUTE

* = mandatory field. Please click the plus (+) icon (where applicable) to expand a section and see more information.

Please ensure that you fill in valid email addresses where applicable. Where you wish to add more than one email address, please separate the addresses with a comma(,).

Identification Details

CaseID:

PRID:

EACID:

Case No:

Party Type:

Organisation Name: *

Title:

Name: *

Surname: *

Employment Type:

Race:

Residence Status: *

Country Of Origin: *

Please ensure that you fill in a valid 13-digit ID number if you are a permanent resident or your passport number if you are a temporary resident.

ID No: *

Length Of Service:

Gross Salary:

Net Salary:

Gender: *

Date Of Birth: *

Please ensure that you enter the correct age (18 or above) in the field below.

Age: *

Designation: *

Member First Name:

Member Last Name:

Main Contact Details

Province: *

City/Town: *

Other City/Town: *

Postal Address: *

Postal Code:

Tel:

Please ensure that you enter one 10-digit cell number in the field below.

Cell: *

Fax:

Email: *

Alternative Contact Details

Name:

Surname:

Postal Address:

Postal Code:

Tel:

Cell:

Fax:

Email:

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This section must be completed!

If referring a dispute relating to amounts owing in terms of section 73A of the BCEA, please provide details relating thereto.

WHAT IS THE PURPOSE OF THIS FORM?
This form enables a person or organisation to refer a dispute to the CCMA for conciliation and con-arb.

WHO FILLS IN THIS FORM?
Employer, employee, trade union or employers’ organisation.

OTHER PARTIES
If there is more than one employee to the dispute and the referring party is not a trade union, then each employee must supply his/her personal details and signature on a separate page, which must be attached to this form.

WHERE DOES THIS FORM GO?
The Registrar, Regional Office of the CCMA in the region where the dispute arose.

OTHER INSTITUTIONS
Please note that if you are covered by a bargaining council, a statutory council or an accredited agency, you have to refer the dispute to the relevant council or agency.
You may also need to deal with the dispute in terms of a private procedure if one applies. If in doubt contact the CCMA for assistance.

WHAT WILL HAPPEN WHEN THIS FORM IS SUBMITTED?
When you refer the dispute to the CCMA, it will appoint a commissioner who must attempt to resolve the dispute within 30 days.

FURTHER INSTRUCTIONS
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 any of the following:

A copy of a registered slip from the Post Office; or
A copy of the signed receipt if hand delivered; or
A signed statement confirming service by the person delivering the form; or
A copy of a fax or email confirmation slip; or
Any other satisfactory proof of service.

UNFAIR LABOUR PRACTICE
If the dispute(s) concerns an unfair labour practice the dispute must be referred (i.e. received by the CCMA) within 90 days of the act or omission which gave rise to the unfair labour practice. If more than 90 days has lapsed you are required to apply for condonation.

NATIONAL MINIMUM WAGE DISPUTES
Disputes emanating from the NMWA and referred either in terms of s4(6) of the NMWA or s73A of the BCEA may be referred by any person who works for another and who receives or is entitled to receive any payment for that work.

MUTUAL INTEREST DISPUTES

Attach the collective agreement on picketing; or
If no collective agreement on picketing, complete Annexure A to this form.
If referring a request for establishment of picketing rules, complete Annexure A to this form.
If referring a dispute relating to breach or interpretation of picketing rules, attach a copy of the picketing rules.

DISPUTES RELATING TO COMPLIANCE ORDERS
If referring a dispute relating to a compliance order, the order must be attached to this form. If the dispute is referred after the date on which compliance was due to you are required to apply for condonation.

LEGISLATION REFERENCES

Labour Relations Act, 1995 Sections 9, 16, 21, 22, 24, 26, 45, 61, 63, 64, 72, 74,86, 89, 94, 134, 191(1), 198 and 198A-C.
Employment Equity Act, 1998 Section 10.
Basic Conditions of Employment Act, 1997 Sections 41, 69(5), 73A, 80, 84.
Skills Development Act, 1998 Section 19.
National Minimum Wage Act, 2018 Section 4(8).

LRA Form 7.11

DETAILS OF THE OTHER PARTY

* = mandatory field. Please click the plus (+) icon (where applicable) to expand a section and see more information.

Please ensure that you fill in valid email addresses where applicable.

Identification Details

OPID:

Party Type: *

Employer Type:

Please ensure that you fill in the company name below if employed by a company.

Organisation Name: *

Please ensure that you fill in the company name below if employed by a company.

Organisation Name: *

Title:

Name: *

Surname: *

Company Reg No:

Number Of Employees:

Member First Name:

Member Last Name:

Contact Details

Province: *

City/Town: *

Other City/Town: *

Postal Address: *

Postal Code:

Tel:

Please ensure that you enter one 10-digit cell number in the field below.

Cell: *

Fax:

Email: *

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A copy of a registered slip from the Post Office; or
A copy of the signed receipt if hand delivered; or
A signed statement confirming service by the person delivering the form; or
A copy of a fax or email confirmation slip; or
Any other satisfactory proof of service.

Attach the collective agreement on picketing; or
If no collective agreement on picketing, complete Annexure A to this form.
If referring a request for establishment of picketing rules, complete Annexure A to this form.
If referring a dispute relating to breach or interpretation of picketing rules, attach a copy of the picketing rules.

Labour Relations Act, 1995 Sections 9, 16, 21, 22, 24, 26, 45, 61, 63, 64, 72, 74,86, 89, 94, 134, 191(1), 198 and 198A-C.
Employment Equity Act, 1998 Section 10.
Basic Conditions of Employment Act, 1997 Sections 41, 69(5), 73A, 80, 84.
Skills Development Act, 1998 Section 19.
National Minimum Wage Act, 2018 Section 4(8).

LRA Form 7.11

DISPUTE SPECIFICATION

* = mandatory field. Please click the plus (+) icon (where applicable) to expand a section and see more information.

Nature Of Dispute

Dispute Type: *

Other Dispute Type: *

Dismissal Reason:

Other Dismissal Reason: *

Facts Of Dispute Summary

Dismissal Date:

Dispute Summary: *

Date Dispute Arose: *

Place Dispute Arose (Town): *

Fairness Of Dismissal

Was Dismissal Procedure Unfair:

Reasons Why Dismissal Procedure Was Unfair: *

Was Dismissal Reason Unfair:

Reasons Why Dismissal Was Unfair: *

Expected Outcomes

Results Required Summary: *

Dispute Sector: *

Other Sector: *

Intepreter Required:

Intepreter Type:

Other Intepreter Required: *

Condonation Application

Dismissal Date: *

Reinstatement Refusal Date:

Dispute Date: *

Act Of Omission Indentified On: *

Omission Correction Refusal Date: *

No Of Days Late: *

Organisation Referred To: *

Date Referred: *

Organisation Telephoned:

Date Telephoned:

Date Grievance Lodged *

Referral Was Submitted On: *

Reason For Lateness: *

Prejudice Reason: *

Other Info:

I confirm that for reasons beyond my control I am not able to have this statement confirmed by a commissioner of oaths.

ID No: *

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This section must be completed!

If referring a dispute relating to amounts owing in terms of section 73A of the BCEA, please provide details relating thereto.
If necessary, write the details on a separate page and attach to this form.
If it is an unfair labour practice, state whether it relates to probation.

This section must be completed!

If necessary, write the details on a separate page and attach to this form.
Parties may, at their own cost, bring interpreters for languages other than the official South African languages, please indicate this under ‘Other’.

A copy of a registered slip from the Post Office; or
A copy of the signed receipt if hand delivered; or
A signed statement confirming service by the person delivering the form; or
A copy of a fax or email confirmation slip; or
Any other satisfactory proof of service.

Attach the collective agreement on picketing; or
If no collective agreement on picketing, complete Annexure A to this form.
If referring a request for establishment of picketing rules, complete Annexure A to this form.
If referring a dispute relating to breach or interpretation of picketing rules, attach a copy of the picketing rules.

Labour Relations Act, 1995 Sections 9, 16, 21, 22, 24, 26, 45, 61, 63, 64, 72, 74,86, 89, 94, 134, 191(1), 198 and 198A-C.
Employment Equity Act, 1998 Section 10.
Basic Conditions of Employment Act, 1997 Sections 41, 69(5), 73A, 80, 84.
Skills Development Act, 1998 Section 19.
National Minimum Wage Act, 2018 Section 4(8).

LRA Form 7.11

DISCRIMINATION SPECIFICATION

* = mandatory field. Please click the plus (+) icon (where applicable) to expand a section and see more information.

Was Discrimination Involved: *

If YES, Steps Taken: *

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This section must be completed!

Section 10 of the Employment Equity Act requires the referring party to satisfy the Commission that he/she has attempted to resolve the dispute internally before referring it to the CCMA.
Resolving a dispute internally may include engagements with management, filing a grievance and/or following any other process as set out in the company policy.
Failure to make reasonable attempts to resolve the dispute will mean the referral is premature and therefore the CCMA may not have jurisdiction or power to determine the dispute.

A copy of a registered slip from the Post Office; or
A copy of the signed receipt if hand delivered; or
A signed statement confirming service by the person delivering the form; or
A copy of a fax or email confirmation slip; or
Any other satisfactory proof of service.

Attach the collective agreement on picketing; or
If no collective agreement on picketing, complete Annexure A to this form.
If referring a request for establishment of picketing rules, complete Annexure A to this form.
If referring a dispute relating to breach or interpretation of picketing rules, attach a copy of the picketing rules.

Labour Relations Act, 1995 Sections 9, 16, 21, 22, 24, 26, 45, 61, 63, 64, 72, 74,86, 89, 94, 134, 191(1), 198 and 198A-C.
Employment Equity Act, 1998 Section 10.
Basic Conditions of Employment Act, 1997 Sections 41, 69(5), 73A, 80, 84.
Skills Development Act, 1998 Section 19.
National Minimum Wage Act, 2018 Section 4(8).

LRA Form 7.11

ATTATCH DOCUMENTS

* = mandatory field. Please click the plus (+) icon (where applicable) to expand a section and see more information.

Upload Discrimination Matter Documentation (if applicable) Below:

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A copy of a registered slip from the Post Office; or
A copy of the signed receipt if hand delivered; or
A signed statement confirming service by the person delivering the form; or
A copy of a fax or email confirmation slip; or
Any other satisfactory proof of service.

Attach the collective agreement on picketing; or
If no collective agreement on picketing, complete Annexure A to this form.
If referring a request for establishment of picketing rules, complete Annexure A to this form.
If referring a dispute relating to breach or interpretation of picketing rules, attach a copy of the picketing rules.

Labour Relations Act, 1995 Sections 9, 16, 21, 22, 24, 26, 45, 61, 63, 64, 72, 74,86, 89, 94, 134, 191(1), 198 and 198A-C.
Employment Equity Act, 1998 Section 10.
Basic Conditions of Employment Act, 1997 Sections 41, 69(5), 73A, 80, 84.
Skills Development Act, 1998 Section 19.
National Minimum Wage Act, 2018 Section 4(8).

LRA Form 7.11

USER/SUBMITTER ACKNOWLEGEMENT

* = mandatory field. Please click the plus (+) icon (where applicable) to expand a section and see more information.

Submitter Name: *

Position/Designation:

Submission Place (Town): *

Do you have access to a device that allows you to connect to an online facility such as Microsoft Teams?: *

I confirm that the information submitted is a true account of the matter. *

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A copy of a registered slip from the Post Office; or
A copy of the signed receipt if hand delivered; or
A signed statement confirming service by the person delivering the form; or
A copy of a fax or email confirmation slip; or
Any other satisfactory proof of service.

Attach the collective agreement on picketing; or
If no collective agreement on picketing, complete Annexure A to this form.
If referring a request for establishment of picketing rules, complete Annexure A to this form.
If referring a dispute relating to breach or interpretation of picketing rules, attach a copy of the picketing rules.

Labour Relations Act, 1995 Sections 9, 16, 21, 22, 24, 26, 45, 61, 63, 64, 72, 74,86, 89, 94, 134, 191(1), 198 and 198A-C.
Employment Equity Act, 1998 Section 10.
Basic Conditions of Employment Act, 1997 Sections 41, 69(5), 73A, 80, 84.
Skills Development Act, 1998 Section 19.
National Minimum Wage Act, 2018 Section 4(8).

LRA Form 7.11

CASE SUBMISSION

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* = mandatory field. Please click the plus (+) icon (where applicable) to expand a section and see more information.

Select Branch: *

APPLICATION PREVIEW

Applicant Details

Respondent Details

Dispute Details

Submit Form

A copy of a registered slip from the Post Office; or
A copy of the signed receipt if hand delivered; or
A signed statement confirming service by the person delivering the form; or
A copy of a fax or email confirmation slip; or
Any other satisfactory proof of service.

Attach the collective agreement on picketing; or
If no collective agreement on picketing, complete Annexure A to this form.
If referring a request for establishment of picketing rules, complete Annexure A to this form.
If referring a dispute relating to breach or interpretation of picketing rules, attach a copy of the picketing rules.

Labour Relations Act, 1995 Sections 9, 16, 21, 22, 24, 26, 45, 61, 63, 64, 72, 74,86, 89, 94, 134, 191(1), 198 and 198A-C.
Employment Equity Act, 1998 Section 10.
Basic Conditions of Employment Act, 1997 Sections 41, 69(5), 73A, 80, 84.
Skills Development Act, 1998 Section 19.
National Minimum Wage Act, 2018 Section 4(8).