Dear CEO-MEIBC Members
In continuing to adjudicate disputes and under level 4 of the national, the Metal and Engineering Industry Bargaining Council (MEIBC) is implementing the measures for business continuity.
Here is what our members need to know:
REFERRING DISPUTES TO CDR
1. No walk-in of people are allowed during level 4 lockdown (unless as directed by the CCMA and the Minister of Employment and Labour).
2. All referrals must be submitted to the Council by means of electronic mail / facsimile (CCMA Rule 7).
1. Social distancing is promoted when entering the offices of the MEIBC. Only directive compliant matters will be physically set down, unless agreed otherwise between parties and the Council.
2. The Council or Commissioner may contact parties telephonically or other means, prior to the proceedings, in order to seek to resolve the dispute.
3. The Council will conduct pre-conciliations. Should the dispute remain unresolved thereafter, conciliation will take place telephonically or by other means accepted or agreed by parties.
4. If conciliation could not take place within 30-days from the date of referral, and in the absence of any agreement to extend this period, a certificate of outcome will be issued by the Council’s Centre for Dispute Resolution (CDR)
5. Where Parties agree to settle the dispute, the written settlement agreement will be sent to both Parties by electronic means for signature, where possible
(CONDONATION, JOINDER, LEGAL REPRESENTATION, RESCISSION AND VARIATION ETC)
1. All application proceedings must be dealt with on papers unless as directed by the CDR or a Commissioner handling the matter.
2. The applicant must file a notice of motion and founding affidavit as required by CCMA Rule 31.
3. In the event of a dispute of facts and oral evidence is required and one or more parties are unable to access one or more form of electronic communication, the CDR may direct that the matter be heard on a date when conditions related to the Covid-19 pandemic allow for the parties to attend a hearing in person, or in a way that the CDR Manager in consultation with the Commissioner deems fit.
4. If an application is made without a signature (statement), confirmation is required by applicant through SMS, WhatsApp, e-mail or any electronic method not in the public domain which is to be stored safely, retrieved and printed by the CDR.
5. Rulings and arbitration awards will be sent to the parties by electronic means. Physical collection of rulings are not permitted unless the if Regulations and Directives in terms of section 27(2) of the Disaster Management Act allow for it and the CDR is satisfied that occupational health and safety requirements are in place.
1. The parties are required to hold a pre-arbitration conference. During the lockdown period the CDR may refuse to schedule a matter for arbitration unless a pre-arbitration has been conducted.
2. The CDR may direct referring party to deliver a statement of case setting out the material facts relied upon and may direct the respondent to deliver an answering statement within a specified time period.
3. In the case of physical presence of a witness is needed, a Commissioner may direct any party to be present, subject to the requirements for a subpoena is met.
4. Arbitration awards will be sent to the parties by electronic means.
5. All pre-dismissal arbitrations are to be conducted at company’s premises – after employer party made payment thereto.
CASES WHERE PARTIES APPEAR IN PERSON (PHYSICAL ATTENDANCE)
1. the CDR may convene physical hearings at one or more of its offices or at a venue agreed to by the Parties and the CDR in writing.
2. Representatives and parties who are required to travel to matters, must comply where applicable with any restrictions that exist or that may be imposed with effect from 01 May 2020 until further notice.
3. Anyone seeking access into the CDR buildings or any other venues, must subject themselves to compulsory screening, must wear a face mask, must apply hand sanitizer, and must adhere to applicable social distancing rules.
4. Only the parties and their Representatives may enter the CDR buildings or other venues. Where more than one person is a party to the dispute, the number of individuals allowed inside the premises or venue at a time will be determined by the CDR Manager or the presiding Commissioner, taking into consideration the size of the venue and the compulsory social distancing rules.
5. If any party object to have the matter dealt with under the conditions described above, that party must submit the notice of objection and reasons for such objection in writing and serve same on the other party and on the CDR. The presiding Commissioner or a CDR Manager, after consideration of the submissions and of possible reasonable alternatives, must decide whether the matter should proceed or be postponed.
1. All communication during this time, between the parties and the CDR, must be sent by electronic means.
PROTOCOL TO BE FOLLOWED IN VIDEO CONFERENCE HEARINGS
1. Conducting arbitrations via Video Conferencing is permitted, provided that parties agree thereto in writing and file it with the CDR. Before agreeing to Video Conferencing, please consult your representative.
2. The Zoom application is the preferred way for video conferencing with some specified rules thereto.
Please click here for the full MEIBC CDR Directive
Queries / CEO Membership: For any queries of existing members, or enquiries on how to become a CEO member, please contact our head office at (012) 880 0294 or e-mail us at firstname.lastname@example.org.