CCMA applications are regulated by Sections 31 and 32 of the CCMA rules, and Section 191 of the Labour Relations Act determines the time frames for employees to refer disputes to the CCMA. An employee has 30 days to refer a dispute for unfair dismissal and 90 days for unfair labour practice.
If an employee is late applying to the CCMA, they must submit a Condonation application.
The commissioner, in deciding whether to grant the condonation, will have to determine whether good cause has been shown for the late application by considering the following:
- The extent and degree of lateness;
- The reason for the lateness;
- The prejudice to the other party;
- The Prospects of success and other relevant factors.
The employer has an opportunity to oppose such an application by convincing the commissioner that the Applicant was either negligent in his default, not projecting the truth or has no prospects of success. It is important to note that the employer will have five days to submit the Opposing Affidavit.
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