If you feel hard done by or feel that your employer is treating you unfairly then you should do the following.
1. Refer to your company’s internal grievance policy.
2. If no procedure is in place then draft a formal grievance.
3. Set a date for your grievance hearing.
4. Discuss your grievance and allow the employer time and opportunity to resolve your grievance.
5. Wait and see if your grievance has been attended to.
1. Unfair dismissal – 30 days.
2. Other matters- 90 days.
FORM 7.11
1. Download the Con/Arb referral form and complete it.
2. Serve it onto your employer, this can be done by registered post or by email.
3. Email or hand deliver the 7.11 form to the CCMA with proof of service.
1. Contact the CCMA within 7 business days to confirm receipt of your form 7.11 and obtain a case number.
2. This is vital as if you do not contact them they will not set our matter down. It has become common practice and this could lead to your matter being ignored or forgotten.
3. Remember your matter will be late if 30 days or 90 days prescribe without receiving a case number.
1. The employer will most likely object to CON/ARB, relax this is normal.
2. This means that your arbitration will not proceed directly after your conciliation on the Set-down date.
1. The commissioner allows the parties to negotiate and reach settlement.
2. The commissioner will not hear facts at this stage and will rather act as a mediator.
3. Be careful not to withdraw your application.
1. This is the point where you need to argue your matter.
2. Submit evidence, bring along witnesses and other important documents to prove your claim.
3. The commissioner will be actively involved in this process and most likely act in an inquisitive manner.
1. the outcome of the arbitration will be emailed to all of the parties.
2. If you are successful then you can approach the CCMA to enforce your award.
3. If there is a monetary claim you must then use the services of the sheriff of the court to execute against your employer.
1.If you are not satisfied with your award you can take your matter on review to the Labour Court.
2. Remember to have good grounds in which to take your matter on review as this could prove to be quite costly.