Last Updated on September 21, 2023 by ufiling
The Commission for Conciliation, Mediation, and Arbitration (CCMA) is a South African organization responsible for promoting fair labor practices and resolving workplace disputes. When it comes to calculating time periods at the CCMA, there are specific rules and guidelines that are followed to ensure fairness and consistency in the process.
Firstly, the calculation of time periods at the CCMA starts with the day following the event or action that triggers the time period. This is known as the “die in diem” rule, which means that the first day is not included in the calculation. For example, if an employee lodges a dispute on the 1st of June, the time period would start from the 2nd of June.
Secondly, weekends and public holidays are excluded from the calculation of time periods. This means that if a time period falls over a weekend or public holiday, those days are not counted and the period is extended to include the next working day. This ensures that parties have sufficient time to respond or prepare their cases without being disadvantaged by non-working days.
Additionally, the CCMA follows a “calendar month” approach for certain time periods. This means that if a specific number of days is mentioned, it is interpreted as the equivalent number of calendar months. For example, if a notice period of 30 days is required, it would be interpreted as one calendar month. However, if the time period is expressed in weeks or months, the exact number of days is counted.
Finally, the CCMA allows for extensions of time periods in certain circumstances. Parties may request an extension of time if they can provide valid reasons for the delay, such as illness or unforeseen circumstances. The CCMA has the discretion to grant or deny such requests based on the merits of each case.
Overall, the calculation of time periods at the CCMA follows specific rules to ensure fairness and consistency. By excluding weekends and public holidays, using the “die in diem” rule, and allowing for extensions in justified cases, the CCMA strives to provide parties with reasonable timeframes to participate in the dispute resolution process effectively.
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