[L209] DISCLOSURE OF RELEVANT DOCUMENTS
1.1 هزار بار بازدید -
2 سال پیش
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Being worried about accessing documents
Being worried about accessing documents for your CCMA case? Do not worry, the CCMA does provide for you to obtain access to these documents through Rule 29 of the CCMA Rules.
Employers are aware of the two processes at the CCMA, namely conciliation and arbitration. Conciliation is a means of attempting to conciliate and settle the matter before the next process, namely Arbitration, follows.
Both the Applicant-employee and the Respondent-employer can request that the Arbitration does not proceed immediately after a Conciliation process has failed. This would lead to only a Conciliation process proceeding on a specific day. Should either the Applicant or the Respondent choose not to attend the conciliation process, it would lead to the two parties facing each other at Arbitration for the first time.
Before the Arbitration proceedings commence, the Commissioner will request that the parties exchange and supply each other with their bundles and/or all evidence to be used by the parties during Arbitration. This in return may leave a party with too little time to prepare and peruse the evidence to be used against them.
29 Disclosure of documents
(1) At any time after the request for arbitration, but not less than fourteen (14) days prior to the hearing date, either party may request the other party to disclose any documents or material relevant to the dispute.
(2) The party to whom the request is made must respond to the request within five (5) days from the date on which the request was received.
(3) A commissioner may either before or during the proceedings on his/her own accord, or on application, make an order as to the disclosure of relevant documents or other evidence.
(4) Notwithstanding the above, the parties may agree on the disclosure of documents or other relevant evidence.
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=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
EMAIL: [email protected]
WEBSITE: https://www.legal-leaders.co.za/servi...
=== ABOUT ASLAM MOOLLA ===
💼 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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=== TIME STAMPS===
00:00 Introduction
01:00 Rule 29 of the CCMA Rules
01:40 Responding within a timeframe
02:03 Commissioner can rule to documents
02:23 Summary
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=== RESOURCES CITED IN THIS VIDEO===
Labour Relations Act – South Africa
=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an attorney to get specific legal advice on your specific situation.
If you found this video helpful, please make sure to give it a thumbs up and subscribe
lawyer, labourlawyer, employee, employer, CCMA, disciplinaryhearing, labourlaw, unfairlabourpractices, unfairdismissal, labourrelationsact, southafrica, employmentlaw, unfairdiscrimination, fairdiscrimination, workplacediscrimination, ccmalegaladvise, law, employmentlaw, employer, businesslaw, commerciallaw, disclosureofdocuments
Employers are aware of the two processes at the CCMA, namely conciliation and arbitration. Conciliation is a means of attempting to conciliate and settle the matter before the next process, namely Arbitration, follows.
Both the Applicant-employee and the Respondent-employer can request that the Arbitration does not proceed immediately after a Conciliation process has failed. This would lead to only a Conciliation process proceeding on a specific day. Should either the Applicant or the Respondent choose not to attend the conciliation process, it would lead to the two parties facing each other at Arbitration for the first time.
Before the Arbitration proceedings commence, the Commissioner will request that the parties exchange and supply each other with their bundles and/or all evidence to be used by the parties during Arbitration. This in return may leave a party with too little time to prepare and peruse the evidence to be used against them.
29 Disclosure of documents
(1) At any time after the request for arbitration, but not less than fourteen (14) days prior to the hearing date, either party may request the other party to disclose any documents or material relevant to the dispute.
(2) The party to whom the request is made must respond to the request within five (5) days from the date on which the request was received.
(3) A commissioner may either before or during the proceedings on his/her own accord, or on application, make an order as to the disclosure of relevant documents or other evidence.
(4) Notwithstanding the above, the parties may agree on the disclosure of documents or other relevant evidence.
=== FREE DOWNLOADS ===
🧒 CCMA CHECKLIST
✔️ Know what factors the CCMA will look at when deciding your case.
👉 Email us.
👫 FREE CCMA Guide
👉 Email us.
=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
EMAIL: [email protected]
WEBSITE: https://www.legal-leaders.co.za/servi...
=== ABOUT ASLAM MOOLLA ===
💼 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.
=== SOCIAL MEDIA ===
WEBSITE: https://www.legal-leaders.co.za/servi...
LINKEDIN: LinkedIn: aslammoollalawyer
FACEBOOK: Facebook: Aslammoollalawyer
INSTAGRAM: Instagram: legalleaderssa
TWITTER: Twitter: LegalLeadersSA1
PINTEREST: Pinterest: LegalLeadersSA
TIKTOK: https://www.tiktok.com/@legalleaderss...
=== TIME STAMPS===
00:00 Introduction
01:00 Rule 29 of the CCMA Rules
01:40 Responding within a timeframe
02:03 Commissioner can rule to documents
02:23 Summary
🔔 Subscribe for more
=== RESOURCES CITED IN THIS VIDEO===
Labour Relations Act – South Africa
=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an attorney to get specific legal advice on your specific situation.
If you found this video helpful, please make sure to give it a thumbs up and subscribe
lawyer, labourlawyer, employee, employer, CCMA, disciplinaryhearing, labourlaw, unfairlabourpractices, unfairdismissal, labourrelationsact, southafrica, employmentlaw, unfairdiscrimination, fairdiscrimination, workplacediscrimination, ccmalegaladvise, law, employmentlaw, employer, businesslaw, commerciallaw, disclosureofdocuments
2 سال پیش
در تاریخ 1400/12/26 منتشر شده
است.
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