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Job profile/role changed without consulation

I walked in the office on Monday and was informed by line manager my role has been restructured. I had a team of 60++, and after restructuring I was left with 25 employees. Some of the functions I used to oversee or manage have been given to other sections. I lodged a grievance and the organization is delaying providing outcome of stage 3 since last year November. Can I take the case to CCMA without this outcome?

Labour Protect


Good day, 

Your claim with the CCMA could be lodged within 90 days. 

Remember that it can be argued that the 90 days start from the moment you exhausted all internal remedies or the internal remedy process has reached a stalemate or broken down. The CCMA will ask you to state the date in which the matter arose, I suggest you draft a letter attaching it to your application. In this letter set out and explain the entire internal process in which you followed and explain that to date you have not reached settlement or finality by way of the internal grievance procedure and therefore you must refer this matter to the CCMA.  

This could possibly save you the trouble of having to file an application for condonation, whereby you must explain the lateness in filing your CCMA referral. 

In short you may take this matter to the CCMA before you receive the outcome. The CCMA in most cases, will allow a party to withdraw its application if the matter is settled before the Arbitration date.  



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