š The Law
Rule 37(2)(b): Your Notice of Motion (already filed) calls upon the CCMA to dispatch the complete record of the proceedings to the Registrar within 10 court days after receipt.
Rule 37(8): If the CCMA fails to comply, any interested party may apply on notice for an order compelling compliance.
Rule 37(9): The Registrar must notify you when the record has been received and may be uplifted.
Rule 37(10): You must collect the record within 5 court days of the date of notification.
Rule 37(27): If the record has been lost, or the recording is inaudible or of such poor quality that it compromises the integrity of the record, you must approach the Judge President for a direction. The Judge President will allocate the file to a judge who may direct that the matter be remitted to the CCMA for reconstruction, or that the review proceed without the record.
š The Law
Rule 37(12): You must transcribe and make copies of the record. File only those portions necessary for the review, unless you contend the award is unreasonable or irrational ā then you must file the complete record.
Rule 37(19): The costs of transcription, copying and delivery are paid by you and become costs in the cause.
Rule 8: All documents must be A4, 12pt font (Arial or Times New Roman), 1.5 line spacing, 2cm margins.
If the CCMA provided an audio recording, you must arrange transcription through a certified transcription service or transcribe it yourself. Once you have the text, paste it below and the platform will format it according to Labour Court Rules with the correct header, parties, and certification footer.
ā OR ā
š Rule 29 ā Preparation of Papers
- Pagination: Number all pages consecutively.
- Binding: Securely bind in suitable covers. Volumes must not exceed 120 pages (or 200 in a lever arch file).
- Index: Each volume must have a correct and complete index of evidence and documents.
- Format: A4 paper, 12pt font (Arial or Times New Roman), 1.5 line spacing, 2cm margins (Rule 8).
- Chronological: Documents must be arranged in chronological order.
-
Record is transcribed and typed in full
-
Font: Arial or Times New Roman, 12pt, 1.5 line spacing, 2cm margins
-
Pages numbered consecutively from page 1 to end
-
Documents arranged in chronological order
-
Index prepared listing all documents and evidence with page references
-
Divided into volumes of max 120 pages each (or 200 in lever arch file)
-
Cover page on each volume: Case name, case number, parties, volume number
-
Certification page at the end of each volume
IN THE LABOUR COURT OF SOUTH AFRICA
(HELD AT [SEAT])
Case No: [CASE NUMBER]
In the matter between:
[APPLICANT NAME] ā Applicant
and
First Respondent: [CCMA]
Second Respondent: [EMPLOYER NAME]
Third Respondent: [COMMISSIONER NAME]
INDEX TO THE RECORD
[VOLUME X OF Y]
| No. | Description of Document | Date | Page |
|---|---|---|---|
| 1. | Arbitration Award | [DATE] | [PAGE] |
| 2. | Referral Form (LRA 7.11) | [DATE] | [PAGE] |
| 3. | Employment Contract / Proof of Employment | [DATE] | [PAGE] |
| 4. | Disciplinary Record / Dismissal Letter | [DATE] | [PAGE] |
| 5. | Witness Statements / Evidence Led | [DATE] | [PAGE] |
| 6. | Payslips / Salary Records | [DATE] | [PAGE] |
| 7. | CCMA Arbitration Hearing Transcript / Minutes | [DATE] | [PAGE] |
| 8. | Commissioner's Notes / Rulings (if available) | [DATE] | [PAGE] |
| 9. | [Add additional documents as needed] | [DATE] | [PAGE] |
Rule 37(12) requires you to certify each copy as true and correct.
IN THE LABOUR COURT OF SOUTH AFRICA
(HELD AT [SEAT])
Case No: [CASE NUMBER]
In the matter between:
[APPLICANT NAME] ā Applicant
and
First Respondent: [CCMA]
Second Respondent: [EMPLOYER NAME]
Third Respondent: [COMMISSIONER NAME]
CERTIFICATION OF RECORD
I, the undersigned [FULL NAMES], do hereby certify that:
1. I am the Applicant in the above matter.
2. I have examined the record of the proceedings in the above matter, which is annexed hereto and marked "Annexure A".
3. The said record consists of [NUMBER] pages, numbered consecutively from page 1 to page [LAST PAGE].
4. I certify that the said record is a true and correct copy of the record of the proceedings before the CCMA, and that the pagination is correct.
5. This certification applies to [VOLUME X OF Y / the complete record].
Signed at [PLACE] on this [DAY] day of [MONTH] [YEAR].
___________________________
Signature
[NAME IN BLOCK LETTERS]
Transcribed records must be delivered within 60 court days of the date on which the Registrar advised you that the record was received. If you miss this deadline, your application is deemed to have been withdrawn (Rule 37(15)). Reinstatement requires a court order on good cause shown.
š What You Must File & Serve
- Rule 37(12): File the transcribed CCMA record (or necessary portions) with the Registrar. This is the arbitration proceedings, not your Labour Court pleadings.
- Rule 37(13): Furnish the Registrar and each of the other parties with a copy of the record.
- Rule 37(25): After filing the replying affidavit (or expiry of time), index and paginate the complete file (pleadings, notices, and record) per Rule 29(3) and apply for a hearing date within 10 days.
- Rule 9: Service may be by email if the party has an email address. Proof of service requires an affidavit.
- Log in to the Court Online Portal at https://courtonline.co.za (or the official OCJ portal).
- Navigate to My Cases ā Select your case ā My Case Documents.
- Click the Upload icon (drag & drop or browse).
- Select the Document Type from the dropdown: look for "Record of Proceedings" or "Transcribed Record" or "Application for Trial/Hearing Date" (if also applying for a date).
- Attach your PDF ā ensure it is the complete formatted record, paginated and indexed.
- Enter your digital signature (type your full name in the signature block).
- Click Submit. The status will show as "PENDING" until the Registrar approves it.
- If the record is large, you may need to upload it in separate volumes as separate documents, clearly labelled "Volume 1 of 3", etc.
- First Respondent (CCMA): Serve at the CCMA's registered address or email address. If you do not have an email, use hand delivery or registered post.
- Second Respondent (Employer): Serve at the employer's registered office, place of business, or email address (Rule 9(1)(b)(i)).
- Third Respondent (Commissioner): Serve at the same address as the CCMA unless the Commissioner has indicated a different address for service.
- Email Service (Rule 9(1)(a)(iv)): If the respondent has an email address, you may serve by email. Request a read receipt. Keep the sent email as proof.
- Proof of Service (Rule 9(2)(b)): If you served by email, draft an affidavit confirming: (a) the correct email address, (b) the whole document was sent, and (c) a named person acknowledged receipt. File this with the Registrar.
- Hand Delivery (Rule 9(1)(a)(i)): Hand a copy to the party or a representative authorised to accept service. The recipient should sign an acknowledgement of receipt.
IN THE LABOUR COURT OF SOUTH AFRICA
(HELD AT [SEAT])
Case No: [CASE NUMBER]
In the matter between:
[APPLICANT NAME] ā Applicant
and
First Respondent: [CCMA]
Second Respondent: [EMPLOYER NAME]
Third Respondent: [COMMISSIONER NAME]
TO: The Registrar of the Labour Court
AND TO: All Respondents
TAKE NOTICE that the Applicant hereby files the transcribed record of the proceedings in the above matter, in terms of Rule 37(12) of the Labour Court Rules.
The record consists of [X] volumes, paginated and indexed, and was filed electronically via the Court Online Portal on [DATE].
Copies of the record have been served on all three Respondents as follows:
1. First Respondent (CCMA): by [email / hand / post] on [DATE];
2. Second Respondent (Employer): by [email / hand / post] on [DATE];
3. Third Respondent (Commissioner): by [email / hand / post] on [DATE] (at the same address as the CCMA unless otherwise indicated).
A proof of service affidavit is filed herewith.
Signed at [PLACE] on this [DAY] day of [MONTH] [YEAR].
___________________________
Signature
[NAME IN BLOCK LETTERS]
If you fail to file the transcribed record within 60 court days of the date the Registrar advised you the record was received, your application is deemed withdrawn (Rule 37(15)). Reinstatement requires a court order on good cause shown.
Key Record Deadlines
| Event | Rule | Deadline |
|---|---|---|
| CCMA to file record with Registrar | Rule 37(2)(b) | 10 days from receipt of Notice of Motion |
| Applicant to collect record from Registrar | Rule 37(10) | 5 days from date of notification |
| Applicant to file transcribed record | Rule 37(14) | 60 court days from date Registrar advised record received |
| Apply for hearing date (after indexing) | Rule 37(25) | 10 days after indexing and paginating |
| Consent to extend time (before expiry) | Rule 37(15) | Before 60 days expire ā must be in writing |
Rule 37(15): Before the 60 days expire, you may request the Respondent's consent for an extension. Consent must be in writing and filed with the Registrar. If consent is refused, you may apply to the Judge President on notice for an extension.