Jurisdictional Dispute to the CCMA's Jurisdiction

JURISDICTIONAL POINT IN LIMINE

With this form you will be able to draft an Jurisdictional Point in Limine to referral that are not allowed by law to be heard at the CCMA, but at a certain Bargain Council.

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

Accepted file types: jpg, jpeg, png, gif.

Company Name:(Required)

IN THE MATTER HELD AT THE:

Venue for the hearing:(Required)

EMPLOYEE(Required)

Case Number:

complete if case number is avaible

And

EMPLOYER(Required)

NOTICE OF JURISDICTIONAL POINT IN LIMINE

KINDLY TAKE NOTE that the employer hereby opposes the CCMA referral by the Employee, due to the fact the CCMA does not posses the necessary jurisdiction to determine the dispute.

KINDLY TAKE FURTHER NOTE THAT the following Bargaining Council has the necessary jurisdiction to determine the dispute as referred by the Employee:

Bargaining Council full name:

insert the full names / citation of the Bargaining Council that does poses the necessary jurisdiction to determine the dispute.

KINDLY TAKE FURTHER NOTICE THAT a supporting affidavit of this opposition to the CCMA Jurisdictional point in limine, is attached hereafter.

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

Employer Representative Details:(Required)

AFFIDAVIT IN SUPPORT OF THE RESPONDENT’S JURISDICTIONAL POINT IN LIMINE

I am a major person with the following details:

DEPONENT FULL NAMES:(Required)

please insert the full names of the person making the affidavit

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:

JURISDICTIONAL POINT IN LIMINE:

AD- REASON THE MATTER MUST BE HEARD AT THE BARGAINING COUNCIL:(Required)

________________________

SIGNED DEPONENT

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”

______________________________________________________________