This document is an application form to request that a Senior Commissioner arbitrate a dispute instead of the Commissioner in charge of the Regional Office of the CCMA. The form requires the applicant to provide their motivation for the request, addressing issues like complexity, relevant precedents, public interest and legal questions. It also requires confirmation that the other party was served a copy, proven by a receipt or statement. If approved, a Senior Commissioner who is qualified to handle complex disputes will arbitrate instead of the local Commissioner.
This document is an application form to request that a Senior Commissioner arbitrate a dispute instead of the Commissioner in charge of the Regional Office of the CCMA. The form requires the applicant to provide their motivation for the request, addressing issues like complexity, relevant precedents, public interest and legal questions. It also requires confirmation that the other party was served a copy, proven by a receipt or statement. If approved, a Senior Commissioner who is qualified to handle complex disputes will arbitrate instead of the local Commissioner.
This document is an application form to request that a Senior Commissioner arbitrate a dispute instead of the Commissioner in charge of the Regional Office of the CCMA. The form requires the applicant to provide their motivation for the request, addressing issues like complexity, relevant precedents, public interest and legal questions. It also requires confirmation that the other party was served a copy, proven by a receipt or statement. If approved, a Senior Commissioner who is qualified to handle complex disputes will arbitrate instead of the local Commissioner.
Section 137(1) COMMISSIONER TO Labour Relations Act, 1995 ARBITRATE Read This First 1. APPLICATION
WHAT IS THE PURPOSE OF THIS FORM?
I/we apply to the CCMA to appoint a Senior Commissioner to arbitrate This form is an application by a party to the dispute. the commissioner in charge of the Regional Office of the CCMA to appoint a Senior Commissioner to arbitrate. 2. MOTIVATION WHO FILLS IN THIS FORM? A party to the dispute. Prepare a motivation which deals with the issues raised in section 137
WHERE DOES THIS FORM GO?
of the Act, which include - The Commissioner in charge of the the complexity of the dispute; Regional Office of the CCMA. whether there are conflicting arbitration awards that are relevant OTHER INSTRUCTIONS Two documents must be attached to to the dispute; this form: the public interest; and (a) A motivation; (b) Proof that a copy of this form has the nature of the question of law raised by the dispute. been served on the other party by attaching any of the following:
A copy of a registered slip from the
3. CONFIRMATION OF ABOVE DETAILS: Post Office; or Form submitted by: A copy of a signed receipt if hand delivered; or A signed statement confirming …………………………………………………………………………..…… service by the person delivering (please print name) the form; or A copy of a fax confirmation slip; or Signature: ........................................................................................... A copy of an email confirmation slip or sent email; or Any other satisfactory proof of service. Position: .............................................................................................
The CCMA may be requested to assist
with service. Date: ......................................................................................... CHECK! Have you sent a copy of this completed Place.......................................................................................... form to the other party? Have you included proof that you have sent a copy to the other party with this form?