Draft!: CCMA Application to postpone

Scroll down past the form and read our guide on postponement applications at the CCMA:

CCMA Postponement Application Generator

Case Number:

Employer Name:

Employer Address:

Employee Name:

Employee Representative (if applicable):

Original Hearing Date:

CCMA Office Location:

Commissioner’s Name (if known):

Requested Postponement Date (if known):

Has the other party been consulted?

Does the other party consent to the postponement?

Detailed Reasons for Postponement Request:

Please provide detailed reasons why the postponement should be granted. In terms of Rule 23, the Commissioner will consider factors such as whether there are good grounds for the postponement, whether the postponement can be avoided, and any prejudice that might result.

Previous Postponements in this Case (if any):

Supporting Documentation:

List all supporting documents attached to this application (e.g., medical certificates, travel bookings, etc.)

Employer Representative Name:

Employer Representative Position:

Contact Number:

Email Address:

Date of Application:

Guide to CCMA Postponement Applications

Understanding CCMA Postponements

A postponement is a request to delay or reschedule a CCMA hearing to a later date. It’s important to understand that postponements are not granted automatically and are considered an indulgence, not a right. Rule 23 of the CCMA Rules governs the process for postponement applications.

Key Principle: The CCMA aims to resolve disputes efficiently and without unnecessary delays. Postponements are therefore granted only when there are compelling reasons to do so.

When to Apply for a Postponement

A postponement may be necessary in various circumstances, including:

Unavailability of a key witness whose testimony is critical to your case
Medical emergencies affecting a party or their representative
Need for additional time to prepare due to late disclosure of evidence or complex issues
Unavoidable scheduling conflicts that could not have been foreseen
Need for expert testimony that could not be arranged in time for the scheduled hearing
Ongoing settlement negotiations that may resolve the dispute without a hearing

Important: Inadequate preparation or failure to secure witnesses or documentation in time are generally not considered valid reasons for postponement, especially if they result from a party’s own negligence.

How to Apply for a Postponement

1. Agreement Between Parties

The easiest way to obtain a postponement is through mutual agreement:

Both parties should agree in writing to the postponement
The written agreement should be sent to the CCMA at least 7 days before the scheduled hearing date
Even with agreement, the CCMA must still rule on the postponement request

Best Practice: Always attempt to secure the other party’s consent to a postponement. This significantly increases the likelihood of the CCMA granting your request.

2. Formal Application (Less than 7 Days Before Hearing or No Agreement)

If there is no agreement between parties or the request is made less than 7 days before the hearing, a formal application must be submitted:

Complete a formal postponement application in the form of an affidavit
Include detailed reasons for the postponement request
Attach supporting documentation (medical certificates, travel bookings, etc.)
Submit the application to the CCMA as soon as possible
Serve a copy on all other parties to the dispute

Content Requirements for a Postponement Application

A properly drafted postponement application should include:

Case Information: Case number, names of parties, scheduled hearing date and venue
Contact Details: Full contact information for all parties
Detailed Reasons: Clear and comprehensive explanation of why the postponement is necessary
Supporting Evidence: Attach all relevant documentation supporting your reasons
Alternative Dates: Propose alternative dates when you would be available
Consultation with Other Party: State whether you’ve consulted the other party and their response
Previous Postponements: Disclose any previous postponements in the case
Prejudice: Explain why refusal would result in prejudice to your case, and why granting it would not unduly prejudice the other party
Sworn Statement: The application should be in the form of a sworn affidavit

Factors Considered by Commissioners

When deciding whether to grant a postponement, commissioners typically consider:

Factor	Commissioner’s Consideration
Timing of the application	Applications made well in advance are viewed more favorably than last-minute requests
Reasons provided	The strength and validity of the reasons given for the postponement
History of postponements	Whether there have been previous postponements in the case and which party requested them
Agreement between parties	Whether all parties consent to the postponement
Potential prejudice	The prejudice that might result from granting or refusing the postponement
Avoidability	Whether the circumstances necessitating the postponement could have been avoided
Overall interests of justice	Whether granting the postponement would serve the interests of justice

Legal Framework: Rule 23 of the CCMA Rules

Rule 23 of the CCMA Rules specifically deals with postponements and provides that:

23(1) Subject to sub-rules (2) – (5), an arbitration may be postponed –

(a) if the Commission is satisfied that there is written confirmation to postpone by both parties; or

(b) by application to the Commission and on notice to the other parties in terms of sub-rule (3).

The rule further states that:

The written confirmation for postponement must be received by the CCMA at least seven (7) days prior to the scheduled date
Applications for postponement must comply with Rule 31 (General Application Procedure)
There is no right to postponement – it is at the discretion of the commissioner

Common Pitfalls to Avoid

The following issues often lead to denied postponement applications:

Applying too late without adequate explanation for the delay
Providing vague or insufficient reasons
Failing to consult with the other party before applying
Not attaching supporting documentation
A history of numerous previous postponements
Reasons that suggest poor preparation or negligence

Step-by-Step Process

Step 1: Consult with Other Party

Contact the other party to discuss the need for postponement and try to obtain their consent.

Step 2: Prepare Application

Draft a comprehensive postponement application in affidavit form, detailing all relevant information.

Step 3: Gather Supporting Evidence

Collect all necessary documents to support your application (medical certificates, travel documents, etc.).

Step 4: Submit Application

File the application with the CCMA and serve copies on all other parties to the dispute.

Step 5: Follow Up

Contact the CCMA to confirm receipt and to check the status of your application.

Sample Language for Common Postponement Reasons

Medical Emergency

"I am unable to attend the scheduled hearing on [DATE] due to a medical emergency 
requiring hospitalization from [START DATE] to [END DATE]. I attach a medical 
certificate from Dr. [NAME] confirming this. The nature of my condition prevents me 
from effectively participating in the proceedings as I [SPECIFIC LIMITATIONS]."

Unavailability of Key Witness

"Our key witness, Mr./Ms. [NAME], who is essential to our case because [REASON], 
is unavailable on the scheduled hearing date due to [SPECIFIC REASON]. 
We have made all reasonable efforts to secure their attendance, including 
[DESCRIBE EFFORTS], but they are unable to attend before [DATE] due to 
these circumstances which are beyond our control."

Late Disclosure of Evidence

"On [DATE], only [X] days before the scheduled hearing, the [OTHER PARTY] 
disclosed [DESCRIBE EVIDENCE] which is highly relevant to our case. 
We require additional time to properly analyze this evidence and prepare 
our response, as it materially affects [DESCRIBE IMPACT ON CASE]."

Checklist Before Submitting Your Application

Application is in affidavit form and properly sworn
Case details are accurately provided
Detailed reasons for postponement are included
Other party has been consulted and their response documented
Supporting documentation is attached
Previous postponements (if any) are disclosed
Potential prejudice is explained
Alternative dates are proposed
Contact details for correspondence are included
Application has been signed and dated
Copies have been served on all other parties

After Submitting Your Application

Once you’ve submitted your application:

The Commissioner will consider your application, either in chambers or at a hearing
You may be contacted for additional information or clarification
The Commissioner will make a decision based on all relevant factors
If granted, a new date for the hearing will be set
If denied, the hearing will proceed as originally scheduled

Note: Even if your application is denied, you should still attend the scheduled hearing. Failure to appear could result in proceedings continuing in your absence or your case being dismissed.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. The CCMA Rules and interpretations may change over time. Always refer to the most current version of the CCMA Rules and consider seeking professional legal advice for your specific situation.