Draft!: Employer’s Application to rescind and award / ruling made against the employer / company

CCMA Application for Rescission of Award/Ruling

(In terms of Rule 32 of the Rules for the Conduct of Proceedings before the CCMA)

Important Note: In terms of Rule 32 of the CCMA Rules, an application for rescission or variation of an arbitration award or ruling must be made within 14 days of the date on which the applicant became aware of the award or ruling. Section 144 of the Labour Relations Act provides the grounds on which an award may be varied or rescinded.

Case Number:

CCMA Office:

Date of Award/Ruling:

Date on which Applicant became aware of Award/Ruling:

Applicant (Employer Company Name):

Applicant Contact Person:

Position in Company:

Postal Address:

Physical Address:

Contact Number:

Email Address:

Respondent (Employee) Name:

Commissioner’s Name:

Grounds for Rescission (select all that apply):

The award was erroneously sought or erroneously made in the absence of any party affected by the award

The award contains an ambiguity or an obvious error or omission

The award was granted as a result of a mistake common to the parties

The award was made in the absence of the applicant, on good cause shown

Detailed Explanation of Grounds for Rescission:

Provide a detailed explanation of why the award/ruling should be rescinded based on the grounds selected above. Be specific and include relevant facts and dates.

If Application is Made After 14 Days, Reasons for Late Filing:

Reasons Why Applicant Was Absent (if applicable):

Relief Sought:

List of Supporting Documents Attached:

Date of Application:

CCMA Application for Rescission of Award/Ruling

Author