Theme Nine
Dispute Resolution
[Ensure to know the dispute resolution procedures
as discussed as part of the other prescribed
themes (3-8) – This deems an overview of the
procedures]
Disputes résolution structures – Par 19.2
As determined in the LRA:
- Bargaining Councils (conciliation & arbitration)
- Statutory Councils
- CCMA (conciliation & arbitration)
- LC
- LAC
- C/A or Private agreement with regards to dispute resolution (conciliation &
arbitration) take precedence –
- Sec 147(6) See table on P404 Also see steps for certain steps - P415 - 424
Disputes that can be conciliated and
arbitrated by councils
By councils (par 19.3.2)
By CCMA (par 19.4.1)
Exclusive jurisdiction of CCMA (par 19.4.1)
Conciliation - CCMA (par 19.4.2)
No legal representation – only parties NB!!
Referral: any party -dispute – complete form & submit (Form 7.11)
Applicant – refer dispute, serve copy of referral on respondent (usually
employer), proof with forms to CCMA (same applies to Arbitration)
Neutral 3rd party – commis
Unfair dismissal disputes within 30 calendar days
ULP disputes within 90 calendar days
Conciliation process: CCMA (par 19.4.2)
Conciliate within 30 calendar days
Essential service – within 7 days appoint Comm
Parties must be present
Representation by Trade Union BUT NO legal representation!
Dispute not resolved: Commissioner issue outcome certificate or 30 calendar
days passed since referral (Form 7.12)
Dispute resolved: parties sign settlement agreement
Arbitration – CCMA (par 19.4.3)
Request arbitration within 90 calendar days (FORM 7.13)
App commissioner Evidence/witnesses
Legal representation -arbitration
Not automatically for cases of dismissal for misconduct and incapacity
Party must apply ito Rule 25(1)(c)
Comm must consider ´Complexity of case
Public interest
Comparative ability of opposing parties
Arbitration – CCMA (par 19.4.4)
Arb award – within 14 calendar days after arbitration Arb award:
binding & final
No appeal but can be referred to LC for review: certain circumstances
like closed shop agreement and agency shop agreements)
Commissioner guilty misconduct, gross irregularity, exceed powers
Con-Arb (19.5)
“Inquiry by Arbitrator” takes place of
disciplinary hearing (19.6)
´Pre-dismissal arbitr – “inq by arb” takes place of disciplinary hearing
Requirements: NB!!
1. Alleged misconduct/incapacity
2. Employee must consent
3. Employer submit application (initiates process
4. Legal representation only by agreement
5. Decision has same status as arb award
