Motion & Affidavit

Date You Were Served with the Award

Calculated Deadline

Enter the award service date above to calculate your 6-week deadline.

Party Structure

Applicant
You (the employee)

1st Respondent
Your employer

2nd Respondent
CCMA or Bargaining Council

3rd Respondent
Commissioner (by name)

Applicant Full Name (You)

1st Respondent (Employer)

CCMA Case Number

Arbitration Date

3rd Respondent — Commissioner Name

CCMA Region / Bargaining Council

Your Address for Service (Physical)

Your Email for Service

Award Outcome

Grounds for Review (LRA s145(2))

Select all applicable grounds. The new 2024 Rules require a concise statement. State specifically what the commissioner did wrong.

Gross irregularity in the proceedings (s145(2)(c)) Excess of power / lack of jurisdiction (s145(2)(a)) Unreasonable decision (Sidumo test) (s145(2)(a)) Commissioner misconduct / bias (s145(2)(b)) Award improperly obtained / fraud (s145(2)(d)) Other (specify below)

Describe What the Commissioner Did Wrong

Choose how you want to tell us about the errors. You can write it out, or upload an audio recording of the hearing.

Specific Grounds (concise, point form)

Be specific. Name the witness, the page number, or the exact error. Vague complaints will be rejected by the Labour Court.

Click to upload an audio recording of the hearing

MP3, WAV, M4A, or AAC up to 50 MB

Analysing your recording…

We are scanning for common legal inconsistencies. In the meantime, tick the errors you remember from the hearing.

Wrong burden of proof The commissioner said YOU had to prove the dismissal was unfair, instead of making the employer prove it was fair.

Ignored your evidence The commissioner made a finding that contradicted your documents or witness testimony without explaining why.

Unreasonable outcome No reasonable commissioner could have reached this conclusion on the evidence presented (Sidumo test).

Procedural irregularity You were not allowed to call a witness, documents were refused, or you were not given a fair chance to present your case.

Appearance of bias The commissioner interrupted you but not the employer, or made comments showing they had already decided.

Lack of jurisdiction The commissioner dealt with an issue they had no power to decide, or the wrong employer was cited.

Wrong remedy The commissioner refused reinstatement when it was clearly appropriate, or awarded compensation far below what the law allows.

Other error I noticed Something else happened that does not fit the categories above.

Your notes or transcript from the recording

If you do not have a full transcript, write down the exact words the commissioner said that worried you, and the time stamp if you have it.

💡 Tip:

After you select the errors above and add your notes, click "Generate Notice of Motion" below. The system will convert your selections into proper legal grounds.

Relief Sought

Be specific. Common relief: set aside award, reinstatement, compensation, or remission back to CCMA.

⚠ CRITICAL: Reference Number ≠ Case Number

Do NOT write the reference number on any court document. Upload ONLY the Notice of Motion to Court Online first. The Registrar will issue an official case number. The affidavit comes AFTER the case is issued. (Directive 1 of 2025)

Service Note

Service for review does NOT require a sheriff. Email to a working address that respondents actually use is sufficient under Labour Court Rules.

Background Facts (chronological)

Keep it chronological. The court wants the story from start to finish. Dates are critical.

Your Evidence at Arbitration (key points)

Reference exhibit numbers or page numbers from the arbitration record if you have them.

Commissioner's Errors (specific)

This is the heart of your review. Each error must be tied to a specific LRA s145(2) ground. Do not just say "the commissioner was unfair" — say exactly what they did wrong.

Legal Submissions

Cite the cases or legal principles the commissioner got wrong. If unsure, leave this for an attorney or use the AI chat.

Conclusion & Prayer

Important: The Founding Affidavit must be sworn before a Commissioner of Oaths. You can find one at any police station, post office, or attorney's office. Bring your ID. The cost is usually R50–R100.

Required Documents

Notice of Motion

Must be complete with all party details, grounds, and relief sought. Do NOT include a case number yet.

Founding Affidavit

Must be sworn before a Commissioner of Oaths. Include all facts, evidence, and legal submissions.

Copy of Arbitration Award

Attach the full arbitration award (all pages). Ensure it is legible and complete.

Proof of Service on Respondents

Email delivery receipts or read receipts showing service on all respondents (employer, CCMA, commissioner).

Copy of Your ID

Certified copy of your South African ID or passport. Required for Court Online registration.

6-Week Deadline Confirmed

You are within the 6-week LRA s145 deadline from the date you were served with the award.

0 of 6 items complete 0%

Tip: You do NOT need to upload the Founding Affidavit when you first file the Notice of Motion. The Registrar will issue a case number first. Only upload the affidavit after the case number is issued.

Proceed to Court Online Filing →

Complete all checklist items to unlock the next step.

6-Week Deadline (LRA s145)

Step 1: Draft Your Notice of Motion

Party Structure

Grounds for Review (LRA s145(2))

Describe What the Commissioner Did Wrong

Step 2: Generated Documents

Step 3: Draft Your Founding Affidavit

Step 4: Generated Founding Affidavit

Step 5: Document Checklist

Required Documents