DRAFT!: Notice to oppose Condonation Application with Affidavit in support of opposition.

Notice to oppose the application for condonation of the late referral to the CCMA with supporting affidavit.

With this form you will be able to draft an affidavit to oppose an application for condonation when an employee files his / her referral to the CCMA late. The employee needs to apply for condonation should he / she have referred the matter late (beyond the allowed referral period). For example, unfair dismissals are 30 days since the date of dismissal. In the opposing affidavit, you will give reasons why the condonation must not be granted to the employee.

Upload you Company Logo or header should you wish to as this option is optional.

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Company Name:(Required)

IN THE MATTER HELD AT THE CCMA

Venue for the hearing:(Required)

EMPLOYEE(Required)

Case Number:(Required)

And

EMPLOYER(Required)

NOTICE TO OPPOSE THE CONDONATION APPLICATION BY APPLICANT / EMPLOYEE:

KINDLY TAKE NOTE that the employer hereby opposes the application for condonation of the late referral by the applicant / employee.

KINDLY TAKE FURTER NOTE that all correspondence in terms of this dispute must be sent to the following address:

KINDLY TAKE FURTHER NOTICE THAT a supporting affidavit of this opposition to the Condonation application is attached hereafter.

Employer Representative Details:(Required)

AFFIDAVIT IN SUPPORT OF THE RESPONDENT’S OPPOSITION TO THE CONDONATION APPLICATION BY THE APPLLICANT / EMPLOYEE:

I am a major person with the following details:

DEPONENT ID-NUMBER:(Required)

please insert the ID-NUMBER of the person making the affidavit:

DEPONENT JOB DESCRIPTION:(Required)

please insert the job description of the person making the affidavit:

The contents of this affidavit are within my personal knowledge and truthful, whereof I make the following submissions:

AD- Degree of Lateness of the referral:(Required)

please submit here, whether the day he / she was late with the referral is correct. Please give reasons why the reasons the employee submitted to be late must not be accepted by the CCMA. Also give any details what must be considered as to the lateness of the referral by the employee.

AD- Prospects of success:(Required)

please submit reasons why the employee’s application should fail. was the employee properly dismissed? give reasons for the dismissal? were proper procedures followed when the employee was dismissed? Does the company possibly deny dismissal?

AD- prejudice to be suffered by the Respondent:(Required)

please submit what prejudice the employer will suffer should condonation for the late referral be granted

AD- other factors to be considered:(Required)

please submit any other factors the CCMA must consider for example length of service by the employee, history of similar misconduct, even you can refer to case law here.

I CERTIFY that the DEPONENT has acknowledged that he/she knows and understand the contents of this Affidavit, that he/she does not have any objection to taking the prescribed oath and swears / have an objection to taking the prescribed oath and truly affirms that the contents of this declaration are true, and considers it binding on his/her conscience, which was signed and sworn/affirmed to before me at

___________________on the ____ day of ______________________________ 20__

and that the provisions of the Regulations contained in Government Notice R1258 of 21 JULY 1972 (as amended) have been complied with.

_____________________________
COMMISSIONER OF OATHS

Full names in print:

______________________________________________________________

Physical business/employment address:

_______________________________________________________________

Designation or rank:

______________________________________________________________

Area for which appointment is held:

__________________________________________________________ ____

OR

Office held if ex officio (for example if Police Sergeant states: “SAPS SERGEANT”

______________________________________________________________