It must be remembered by everyone that an approach to the CCMA can only be made with regard to disputes of right. Right is defined by the Basic Conditions of Employment Act and by specific legislation.
One cannot approach the CCMA or have a dispute heard by them or when a person has an interest in something. For example you cannot go to arbitration for a salary increase. We often find that the CCMA makes the mistake of allowing disputes of interest to go on to arbitration.
It is at this point that the arbitrator normally would dismiss the matter. The enormous costs incurred in preparation for arbitration should be avoided by special applications made to the CCMA before the matter is heard at arbitration.
MICHAEL BAGRAIM BA. LLB.
BAGRAIMS ATTORNEYS (LABOUR LAWYERS)