[L102] How to refer a case to the CCMA South African Labour Lawyer | Filling in the 7.11 Form
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- Äas pĆidĂĄn 27. 07. 2024
- What exactly is a CCMA case? How do I register a case? What CCMA form do I fill in? How do I fill in a CCMA 711 form? What is conciliation, arbitration and con/arb mean? What are the key areas that I need to know? In this video we discuss just that and a lot more about South African labour law.
We are a firm of CCMA Labour lawyers and we are making these videos to help YOU - the South African Public - know your Labour Law rights.
=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
EMAIL: Law@legal-leaders.co.za
WEBSITE: www.legal-leaders.co.za/servi...
=== ABOUT ASLAM MOOLLA ===
đŒ Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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information like this should be in every South African household televisions, public transport etc... thank you.
Help me with section 2, how do I specify in that section that I'm in dispute with the Stock Manage? thank you.
Hello Khanya
Thank you for the kind words. Have you seen our channel because we have a video specifically dealing with filling in the online form
Hope this helps!
Aslam Moolla
CCMA and Labour Lawyer
@@legalleaderssouthafricanla7309 thank you I will have a look.
@@legalleaderssouthafricanla7309 hi me again.
So after serving the form to my employer via email, is there a specific time given to the employer to respond to the email?
If I had found your channel 6 months ago my life would be completely different đ
Hi Tammy, I am sorry to hear this. Why do you say that?
@@legalleaderssouthafricanla7309 I was in two minds about going to CCMA. Couldn't get sound advice from anyone. But in just this one video, its clear I shouldhv gone
Hi I need to find out what happens when ccma has made an award then the employer refused to honor that award so the sheriff was sent to recover goods for the value of the award but the employer has closed down the business. This was the initial reason as to why I opened a ccma case was because the store in which I was working was closed without no notice what can I do
In section 2 who information should I write down because the person who dismissed me works in another store
Good evening Sir, I was dismissed due to performance bases, however I was on 3 months probation and training, I was then harassed and bullied by my line manager. I asked for a formal meeting an advocate came in but no to avail of the outcome. The next day I was dismissed. Please advise
Hello Sharlene
The CCMA can hear cases of this nature for unfair dismissal.
Why don't you get in touch with us to discuss some of your options?
Our details are are in the description box above.
Thank you for the help. If I have a salary dispute. Is it considered Unfair Labour practice or Other in Section 3 of the 7.11?
Hi Linda
No problem
Depends on the nature of the case
Have you lodged the form already?
Why don't you chat to us first
Thank you for this. I lodged the case with CCMA, on unfair dismissal. I only received a performance review on in September (mid-September) and on the 1st of October I was dismissed with a notice of 1 month. Now the employers lawyers called me and want to bulldoze me in giving them the settlement I want on the spot, because they want to settle out of CCMA. What is the best way to go about this?
Hello Lerato
Thank you for sharing your comment.
The question of whether to settle or not depends on how strong your case.
The more stronger your evidence the better your chances are of winning the case at the CCMA.
We recommend that you determine what you think a settlement range is and if the offer is within that range, you can then consider settling.
However, it all depends on how strong your case is. Look at your evidence vs their evidence. Which is likely to be considered?
If you want help personally on your case, you welcome to book an appointment with our office. Please email us at: Law@legal-leaders.co.za
Regards,
I have reason to believe te commission was bribed ,dismissed on hearsy,no prior offence, no resolution, company with lawyer was inside with commission 45min before calling me ,what do you call that.
Good morning thanks for this useful information. My question is how to fill a second form (S142A) when the employer failed to comply with it's obligation of the agreement?
Hello Asanda
Thank you for the good question.
The form you are talking about is actually a separate form all together. That form is to certify the award and have it enforced.
For that form we suggest that you contact the CCMA for help.
Or you are also welcome to book an appointment with us to where we can help you to fill in that form. To book your appointment please email us at: law@legal-leaders.co.za
All the best!
Aslam Moolla
Hi. Thank you ever so much for your valuable video sessions. May I please have your input in this matter. During the course of my disciplinary hearing, I had applied for S188A Inquiry by Arbitrator at Ccma. By the time I was dismissed, the Ccma had not yet responded. On dismissal I submitted the 7.11 form. The Ccma only granted the s188A application some time after my dismissal. Which application now takes precedence? The employer is of the opinion that the S188A application falls away because I am already dismissed and I think the main reason is that they intend to oppose my application for legal representation with the normal dismissal application whereas legal representation is automatic with the s188A.
Thank you for your comment, @mphomotete8441!
Section 188A of the LRA makes it possible to refer a dispute that involves a dismissal to the CCMA and Bargaining Council before the dismissal actually occurs. This procedure is known as a pre-dismissal arbitration.
If you require further information or assistance, please do not hesitate to get into contact with me via our website at Legal Leaders - Moolla Attorneys Inc.
We look forward to hearing from you!
Good day
Where do I get the Case Number as I see a space for it on the 7.11 form?
Hello Lesiba
The case number will come directly from the CCMA after you serve and file this document.
If you need help, you welcome to email us at: law@egal-leaders.co.za or 031 942 8863
Speak soon!
Aslam
Thanks for this video its very helpful.
I went to CCMA offices and i was told that everything is done online.
now I did download the 7.11 form and served my employer and they did sign all the copies so now how do i submit it to CCMA coz i have to do it online?
Hello Oupa
The online process is very similar to the form that you filled in.
To complete the application online:
1. Go to the official CCMA website and click on "Online Case Forms"
2. Fill in the details on the online application (use the above video as a guide for how to fill in the details).
3. Serve a copy on the employer and forward it to the CCMA (as shown in the video)
If you have any questions or need help filling in the form you welcome to email us.
Our email address is: Law@legal-leaders.co.za
All the best!
Aslam Moolla
Attorney
Good day Adv Aslam, quick question. If there is No Policy speaking to Substantiation letters, when it comes to sick leaves and family responsibility... Is it then Allowed for an Employer to issue Employees with Substantiation letter demands in order to grant these paid leave days??
Thank you for your comment!
In order for me to properly assist your query, I may need a few more facts.
Please do not hesitate to pop me an email via our website at Legal Leaders - Moolla Attorneys Inc.
I look forward to hearing from you!
So I have 30 days from after they respond to my application to appeal to apply to ccma . Not the actual dismissal date , thank you for that .
I am glad this was helpful!
Good day Sir,
I have a case that was referred by my Union in August of 2022 and I have not received a date as yet. Is there a way for me to find out what the issue could be. As one of my former colleagues got dismissed after me but has already received a date.
Hi Kagiso,
Follow up with the CCMA (if the case is at CCMA)
Send an email with your case number as a reference and request a date
You can also phone them and request information regarding the status of the matter
Morning i wanna know if it is possible for a company to force an employee to take a cellphone contract with they have never inform emploeyees about
Morning Keorapetse
An employer cannot "force" an employee to do anything. They must consult with you first
Hope this helps!
Aslam
Legal Leaders SA
@@legalleaderssouthafricanla7309 they went to extand of threaten me saying they will fire me......
So if i take them to labour court how do i present my case
What about when you complete the form online - do you serve this after the submission?
Thank you for your comment.
When you submit your 7.11 form electronically, you input the employer's details as well. Therefore, the CCMA will notify the employer.
I hope this answers your question!
@@legalleaderssouthafricanla7309
Thanks. Submitting online was as easy as pie.
Glad to hear it !
This is really useful - Thank you - I am 'serving' them today! But now what happens? Maybe you could do a video about that
Thank you the positive feedback Sipho. The next step is to prepare for your hearing. Please check our website for more helpful step by step information:
www.legal-leaders.co.za
Good day
Id like to setup an appointment please.
How do I refer unfair warnings
Hello Raulisa. Thank you for commenting.
You can refer an "unfair sanction imposed" to your local CCMA office.
Please visit the CCMA official website and open a case using the 7.11 referral form. Thereafter file and serve on the parties.
If you would like to talk about your case with a registered Lawyer, please email us: law@legal-leaders.co.za to book your consultation.
Regards,
Sir Can you be dismissed for admitting to taking one sip of alcohol while on duty in a pre polygraph test? That happened months ago and the polygraph test itself was passed.
Been at the company for 3years first offense.
Hello Michael
The answer depends on your company's Code of Conduct - What does it state regarding the drinking of alcohol on duty?
Remember you only have 30 days to file your unfair dismissal case at the CCMA. If you miss the 30 day period, you will have to explain why.
All the Best!
@@legalleaderssouthafricanla7309 thanks so much for the reply.
Only getting the outcome Monday but the sound of things I am dismissed.
Another thing in the hearing there was nobody taking minutes and nobody asked me can they record the meeting. Does this count in my favour in anyway?
@@michaelschmidt3334 Hello Michael, You can use this in your favour by arguing that the hearing was "procedurally unfair." Have a look at our channel for more information on this aspect.
Alternatively, if you would like personal help and would like us to take your case, you welcome to drop us an email and book an appointment: Law@legal-leaders.co.za
All the best!
@@legalleaderssouthafricanla7309 thank you I'll definitely check out your website.
Sir last question please reply I got dismissed today. I asked for a appeal form they said I must just write a letter and they can't provide me with minutes of the meeting.
Unfortunately I don't have the funds to hire you guys as every cent is now critical.
Please some advice on this.
Hi good day is there an email address please thx