What is a Rescission Application?
In South Africa, the Commission for Conciliation, Mediation, and Arbitration (CCMA) plays a pivotal role in resolving labor disputes between employers and employees. However, sometimes a party may seek to rescind a CCMA ruling, especially if they believe that the decision was made in error or that they were not able to properly present their case. If you find yourself in a situation where you need to oppose a rescission application at the CCMA, it is important to understand the grounds for rescission, the process, and the legal precedents involved.
A rescission application is a request made by a party seeking to have a CCMA ruling set aside or rescinded. Typically, this occurs when one party feels that the decision was made in their absence or that the arbitrator’s ruling was incorrect due to factors such as procedural errors, lack of proper notice, or misunderstanding of the law.
The purpose of a rescission application is to correct these perceived errors, ensuring that a fair process is followed and that a just decision is reached.
Grounds for Rescission at the CCMA
Before filing a rescission application, it is important to understand what constitutes valid grounds for rescission. The CCMA will only grant a rescission application under certain circumstances, including:
a. Procedural Errors
If there were significant procedural errors that affected the outcome of the hearing, such as:
- Failure to notify a party about the hearing.
- Incorrect or improper service of documents.
- A failure to follow proper rules or timelines set by the CCMA.
b. Non-Appearance (Default Judgment)
One of the most common grounds for rescission is when a party did not attend the arbitration or conciliation hearing. A default judgment may be issued if one party fails to attend the hearing, and the other party proceeds in their absence. A party that did not attend may apply for rescission if they can show that their absence was due to a valid reason (e.g., illness, emergency, or failure to receive notice of the hearing).
c. New Evidence
A rescission application may also be successful if new, relevant evidence comes to light that was not available at the time of the hearing. This evidence must be substantial enough to potentially affect the outcome of the case.
d. Errors in the Award
If the arbitrator made an error in interpreting the law or facts, a party may seek rescission. The application must demonstrate that the decision was unfair or based on incorrect information.
e. Fraud or Misrepresentation
If a party believes that the other party engaged in fraud or misrepresentation during the arbitration hearing, they can file for rescission, arguing that the award was issued based on false information.
How to Rescind a CCMA Ruling
If you are the party seeking to rescind a CCMA ruling, you will need to follow a specific application process. Here’s how you can apply for rescission:
a. Filing the Application
To begin, you must file a rescission application with the CCMA within 14 days from the date of the ruling or award. You need to complete the LRA 7.18 form, which is available from the CCMA. This form requires you to:
- Specify the grounds for rescission (e.g., failure to appear, new evidence, or procedural error).
- Provide a detailed explanation of why the ruling should be set aside.
- Submit any supporting documents or evidence that supports your application.
b. Provide Reasons for Non-Appearance
If you are requesting rescission due to non-attendance at the hearing, you must provide a valid reason for your absence. You should demonstrate that your failure to attend was beyond your control and that you acted in good faith.
c. Submit the Application to the CCMA
Once your application is complete, submit it to the CCMA office. The CCMA will schedule a hearing to consider your application. Both parties (the applicant and the respondent) will be notified of the hearing date, and both will have the opportunity to present their case.
Opposing a Rescission Application at the CCMA
If you are the party opposing the rescission, you will need to show why the ruling should not be set aside. The onus is on the party opposing the rescission application to prove that there are no valid grounds for rescinding the decision. Here are some important strategies and considerations when opposing a rescission application:
a. Challenge the Validity of the Grounds for Rescission
The first step is to carefully review the grounds for rescission that the other party is relying on. Ask yourself the following:
- Is the reason for non-appearance valid (e.g., was the party genuinely unaware of the hearing, or was there no valid excuse)?
- Is the evidence presented by the other party new and relevant? Is it likely to affect the outcome of the case?
- Are there any procedural errors on your part that could justify rescission?
If you believe the rescission application lacks merit, you can argue that the application should be denied.
b. Respond to the Application
Once the application for rescission is submitted, you will receive a copy of the rescission application. You will have the opportunity to respond by submitting an opposition statement outlining why the application should be rejected. This response should:
- Clearly address each of the grounds raised in the rescission application.
- Provide any evidence to counter the claims made by the applicant.
- Argue why the CCMA’s original ruling should stand.
c. Provide Supporting Documents
If the rescission application is based on new evidence, you may need to dispute the credibility of the evidence. Provide evidence of your own that shows why the new evidence does not justify rescinding the ruling.
d. Present Your Case at the Hearing
The CCMA will schedule a hearing to consider the rescission application. Both parties will present their arguments to the arbitrator. It’s important to be prepared and clearly demonstrate why the rescission should not be granted.
Rescission Application CCMA Case Law
There are several key cases that have established precedents in rescission applications at the CCMA. Understanding the case law can provide valuable insights into how arbitrators have ruled in the past, especially in cases involving non-appearance or procedural irregularities.
For example, in the case of Khaya v CCMA, the Labour Court ruled that a party seeking rescission must prove that they were unable to attend the hearing due to a valid reason, such as lack of notice or a genuine emergency.
In the Tshabalala v CCMA case, the Labour Court emphasized the importance of timeliness in filing a rescission application, as well as the need to provide sufficient evidence to justify setting aside the ruling.
By reviewing relevant case law, you can gain a better understanding of how courts and the CCMA have ruled on rescission matters in the past.
Opposing a rescission application at the CCMA requires a thorough understanding of the grounds for rescission and a clear, well-supported response to the application. If you believe the CCMA ruling was fair and valid, you can take steps to ensure that the decision stands by providing solid evidence and arguments to refute the rescission request.
At Burger Huyser Attorneys, we have extensive experience in handling rescission applications and CCMA disputes. If you are involved in a rescission application or need assistance opposing one, our skilled labour lawyers can provide the legal support you need to protect your interests. Contact Burger Huyser Attorneys today for expert advice and assistance with CCMA rescission applications and any other labour law matters.
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DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE