Receiving unfamiliar documents can be intimidating. One can imagine the fear that goes through your mind when you realise it’s from the CCMA. What’s going on? Are you in trouble? Breath and relax, the main event has not started yet. A 7.11 form is simply a form that is completed by the employee when referring a matter to the Commission.
The 7.11 form contains all the crucial information needed to prepare for the upcoming referred case. Most importantly, the employer must identify who the employee is and what the dispute is about. More often than not, an employee refers a case against a company where they were employed, but it sometimes happens that the wrong employer is cited as a party. This usually occurs when the employee works on a client’s site or where the employee was employed by a labour broker and placed at the client’s dispense. Other important issues which need to be checked on a 7.11 referral form include:
- The details of the parties involved to ensure that they are/were employees of the employer.
- The nature of the dispute in question.
- The facts of the dispute, the date and place where it arose and whether or not the procedure is being disputed.
- The result and or relief sought by the referring party.
- Which sector/forum the dispute must be adjudicated by.
The above-listed information contained in the 7.11 is critical for multiple reasons. To either start getting your evidence and witnesses ready for the case or to raise preliminary or jurisdictional objections to the parties, the region or the council in which the case has been referred to. Therefore, a 7.11 form, although not binding on the parties, is a great guideline to start preparing for an upcoming matter.
If you are represented by a registered employer’s organisation, like CEO, the 7.11 must be sent to them immediately to peruse and see if any noticeable problems can be seen on the 7.11. If so, the necessary objection can be lodged to declare the referral defective.
Article by: Ivan Mashwengane
Legal Assistant – Pretoria