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Thread: CCMA using their discretion to dismiss cases?

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    CCMA using their discretion to dismiss cases?

    I know that many businesses have the problem of frivolous and vexatious cases being referred to the CCMA, which results in a lot of wasted time, money for the company. Is there any known route for appealing to the CCMA to have a case dropped before proceedings even begin? Surely they should be able to use their discretion to some degree, and see that a case has no merits? Shouldn't they at the very least do some investigations into the merits of a case?

    Any advice on how best to deal with these.

    Another question while I'm at it....what are the chances of getting a commissioner to instruct/persuade an applicant to drop a case at Conciliation (this obviously without there having been an agreement reached)? Any suggestions on the best way to go about it, or what would motivate the commissioner to make such a move?

    Thanks...

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    Yes this is a good question - I also have a case that has gone back twice now and they cant seem to even pick up that they had made a ruling the first time !! So I'm now gonna just ignore the second one. What can they do ?

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    Hi Kevinb - I would also tend to want to ignore the case. However, if an arbitration takes place in your absence, a ruling could be made against you, which you would then have to appeal. This then puts more pressure on you again.

    It may be more prudent to write them a letter, attaching the prior ruling to the letter, and stating that this case has already been dealt with? At least you've then brought it to their attention. Just confirm with them that they've received the letter!

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    @ Mike John ....... thank you for that. I have actually written them two letters and they still went ahead with the second case conciliation hearing. Then I got a letter from them to say its going to arbitration ?????? Just out of curiosity what can the ccma do if they do make a ruling if you are not there for eg ?? Fine you ?? If you ignore it ?? What else can they actually do ??

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    Quote Originally Posted by MikeJohn View Post
    I know that many businesses have the problem of frivolous and vexatious cases being referred to the CCMA, which results in a lot of wasted time, money for the company. Is there any known route for appealing to the CCMA to have a case dropped before proceedings even begin? Surely they should be able to use their discretion to some degree, and see that a case has no merits? Shouldn't they at the very least do some investigations into the merits of a case?
    The idea of trying to screen out frivilous cases has come up before.
    The problem with that is the first step is to attempt to mediate a conciliation agreement, and the mediator is not really interested in the legal position of the parties - the goal is solely to get an agreement by (virtually) any means.

    Quote Originally Posted by MikeJohn View Post
    Another question while I'm at it....what are the chances of getting a commissioner to instruct/persuade an applicant to drop a case at Conciliation (this obviously without there having been an agreement reached)?
    Virtually nil.

    Quote Originally Posted by MikeJohn View Post
    what would motivate the commissioner to make such a move?
    Precisely the problem.

    The best way to reduce the time invested is decline a conarb process, and request the matter goes directly to arbitration. They'll still set a conciliation date, but don't pitch.
    This way you only have to spend time in the arbitration hearing (at least in theory, if you read that thread I linked to).
    The trouble with opportunity is it normally comes dressed up as work.

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