CCMA RULES
PART SEVEN
SECTION 188A INQUIRY (ss 34)
34. How to request an inquiry in terms of Section 188A
- An employer requesting the Commission to conduct an inquiry, must do so by delivering a completed LRA Form 7.19 to the Commission.
- The employee must sign the LRA Form 7.19 unless the employee has agreed in terms of Section 188A(4)(b)1 to the inquiry in a contract of employment or the inquiry is held in accordance with a collective agreement, in which case a copy of the contract or the collective agreement must be attached to the Form.
- When filing the LRA Form 7.19, the employer must pay the prescribed fee to the Commission. Payment of the fee may only be made by -
- bank guaranteed cheque; or
- electronic transfer into the bank account of the Commission.
- Within seven (7) days of receiving a request in terms of sub-rule (1) and payment of the prescribed fee, the Commission must notify the parties to the inquiry of when and where the inquiry will be held.
- Unless the parties agree otherwise, the Commission must give the parties at least seven (7) days notice of the commencement of the Inquiry.
- The Commission is only required to refund a fee paid in terms of sub-rule (3), if the Commission is notified of the resolution of the matter prior to issuing a notice in terms of sub-rule (4).