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Rescission and Variation Applications Info Sheet 2023 01

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14 views1 page

Rescission and Variation Applications Info Sheet 2023 01

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brandybo40
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© © All Rights Reserved
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RESCISSION AND VARIATION APPLICATIONS

VARIATIONS AND RESCISSIONS rescission or variation must sign the notice of application. The A party may also oppose the application orally on the day of
application must contain: the hearing, if the matter is scheduled for a hearing.
Section 144 of the Labour Relations Act (LRA) deals with the
variation or rescission of arbitration awards and rulings. A • The name of the parties; The matter may be set down for hearing and the CCMA will
variation application refers to a request to have a part of the notify the parties of the date, time, and place thereof.
award or ruling changed, for example a date or company • The case number; Alternatively, the commissioner may determine the
name’s spelling. A rescission refers to a request to have the application based on the written representation received from
whole award set aside or cancelled. Any award or ruling may • The name of the commissioner and the date when the the parties. A ruling made by a commissioner will have the
be varied or rescinded by the commissioner who issued the award was rendered; effect of a final order.
award or ruling or by any other commissioner appointed by
the Director to do so. A party may apply to have an award or • The address of the party delivering the document, i.e., If a party does not comply with the time period as stipulated in
ruling varied or rescinded only in the following instances: where he/she will receive all notices and will accept the CCMA Rules, that party must, at the time of making or
service of all documents in the proceedings; opposing the application, also make an application to
a) If the award or ruling was erroneously sought or condone the non-compliance with the CCMA Rules. In an
erroneously made in the absence of any party affected by • A notice to the other party that if he/she intends opposing application for condonation, the applicant must address the
that award; the application, an answering affidavit or a written following issues:
statement must be delivered within five (5) days after the
b) If the award or ruling contains an ambiguity, or an obvious application has been received; • The degree of lateness;
error or omission – the award or ruling may be rescinded
or varied only to the extent of that ambiguity, error or • A schedule listing all documents that are relevant or • The reason for the lateness;
omission; material to the application; and
• The prospects of success;
c) If the award or ruling was granted as a result of a mistake • The application must be supported by an affidavit or a
common to both parties to the proceedings; or written statement which sets out (contains) the details of • Prejudice; and
the parties and addresses, a background of the material
d) If the default award or ruling was made in the absence of facts on which the application is based, with sufficient • Any other relevant factors.
any party, on good cause shown. details to enable a person opposing the application to
reply. As far as possible, the affidavit or a written The condonation and variation or rescission application may
The commissioner does not have the power to substitute the statement should include a statement of the legal issues be dealt with in one hearing at the discretion of the
award or ruling with an entirely new one. arising from the material facts and the relief sought. commissioner.
This process is not applicable to the situation where a case In some instances, a party may oppose the application by RELEVANT LEGISLATION
was removed from the case roll. serving an answering affidavit or a written statement within
five (5) days after the application has been received. • Labour Relations Act 66 of 1995 as amended, section
HOW TO APPLY FOR VARIATION OR RESCISSION 144.
The applicant may then, within three (3) days after the • Rules for the Conduct Proceedings before the CCMA as
The application must be brought on notice and within fourteen answering affidavit or a written statement has been received amended, Rules 9, 31, 31C, 32 and 35.
(14) days of the date on which the applicant became aware of respond to the answering affidavit or a written statement by
the arbitration award or ruling. The party applying for way of a replying affidavit or a written statement.
CCMA-I813-2023-01 © CCMA Info Sheet: Rescission and Variation Applications

For more information contact the central contact number 0861 161616 or visit our website on www.ccma.org.za or download the CCMA app at #CCMAConnect or the CCMA & BUSA Webtool: smelaboursupport.org.za

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