1610 Introduction to Applications

There are a number of applications which may be made by either party during the course of the processes discussed.

The objective of this chapter is to discuss and explain the CCMA Rules  which apply to all applications, to explain what a ‘ruling’ is, how Commissioners should make a ruling, and how the discretion which Commissioners have should be exercised.

Practitioners should note that an “applicant” in this chapter means the party or person making the application. The applicant may well not be the party which referred the dispute. The first point which Practitioners should note is which party is making the application and which is responding.

   This can be confusing because an applicant  is not always an employee party and a respondent is not always the opposing party. It is for this reason that it is best to refer to  either ‘the employee’ and ‘the employer’  in dismissal, unfair dismissal and unfair labour practice disputes, or simply use the names of each party e.g. Mr Ngubane, the employee and ‘Widgets (Pty) Ltd’.