conciliation

What to do when you receive a 7.13 Form?

Introduction: A 7.13 is a request for arbitration form completed in accordance with Section 136 of the Labour Relations Act (“LRA”). If a matter remains unresolved at Conciliation, the Commissioner will issue a certificate of non-resolution in accordance with Section 135(5) of the LRA to the parties. It is common practice that the referring party [...]

2022-04-25T11:39:46+02:00April 25th, 2022|Arbitration|Comments Off on What to do when you receive a 7.13 Form?

What if a matter is set down as a CON/ARB?

The CCMA and Bargaining Councils implement two processes, namely conciliation and arbitration, to resolve disputes. The purpose of conciliation is to bring the disputing parties together to discuss the issues in dispute with the aim of resolving the matter and reaching an agreement. A conciliation is private and confidential and is not recorded. The Commissioner [...]

2022-04-11T09:04:52+02:00April 11th, 2022|Arbitration|Comments Off on What if a matter is set down as a CON/ARB?

What comes after Conciliation? If settled, what must I do?

The parties attended the Conciliation proceeding and resolved the matter by entering into a settlement agreement. The settlement agreement will be binding on both parties and is the full and final settlement of the dispute between the parties. This would be the end of the matter, and the applicant (employee) will have no further recourse [...]

2022-04-04T14:59:37+02:00April 4th, 2022|General|Comments Off on What comes after Conciliation? If settled, what must I do?

Can I be forced to settle a dispute during the Conciliation process?

The Labour Relations Act, 66 of 1995 (hereafter referred to as the "LRA") was drafted with the spirit of conciliation and resolving labour disputes in the most cost and time-effective manner possible. A matter must be set down for conciliation within 30 days from the date of which the employee(s) has referred his/her dispute. Commissioners [...]

2022-03-21T09:17:01+02:00March 21st, 2022|General|Comments Off on Can I be forced to settle a dispute during the Conciliation process?

The Conciliation process and the benefits of attending the process

Conciliation is an informal process where a commissioner appointed by the CCMA meets with the parties to a dispute and explores ways to settle the dispute by mutual agreement. Only issues referred to the CCMA in terms of the Labour Relations Act, the Employment Equity Act, the Basic Conditions of Employment Act, the Skills Development [...]

2022-03-14T10:17:29+02:00March 14th, 2022|General|Comments Off on The Conciliation process and the benefits of attending the process

What is a conciliation?

A Conciliation is the first step at CCMA or Bargaining Council proceedings where a matter is referred in terms of the Labour Relations Act, the Employment Equity Act, the Basic Conditions Act, the Skills Development Act, or the National Minimum Wage Act. When receiving the initial set down from the CCMA or Bargaining Council, employers [...]

2022-03-07T09:47:38+02:00March 7th, 2022|General|Comments Off on What is a conciliation?

“I OBJECT” Can you object to the CON-ARB process and what must be followed for an objection to be valid

In terms of CCMA procedure, matters can be set down for a Con- Arb process. This is a dual process in which, on the day of the CCMA hearing, a conciliation will take place. If the conciliation is unsuccessful and no resolution is reached, then the arbitration will commence directly after the conciliation. A party [...]

2021-08-10T21:01:06+02:00August 10th, 2021|Arbitration, General|Comments Off on “I OBJECT” Can you object to the CON-ARB process and what must be followed for an objection to be valid

By what means can a conciliation be resolved

A Conciliation is the first process, barring points In Limine, which take place when a dispute is referred and placed on the case roll at the CCMA or Bargaining Council. During Conciliation, the Commissioner appointed will explore avenues in which they can assist the parties involved to reach an agreement and resolve the dispute where [...]

2021-05-12T14:25:40+02:00May 12th, 2021|General|Comments Off on By what means can a conciliation be resolved

The Con/Arb Process and the Objection thereof

Primarily the CCMA has two main processes, namely Conciliation and Arbitration.   At Conciliation an attempt will be made for the parties to reconcile their differences and settle the dispute between them. This settlement and terms thereof are at the discretion of the parties involved, being the Applicant (Employee) and the Respondent (Employer). Should the [...]

2019-01-11T11:08:48+02:00January 11th, 2019|General|Comments Off on The Con/Arb Process and the Objection thereof

Disclosure of Relevant Documents (Rule 29 of the CCMA Rules)

Employers are aware of the two processes at the CCMA, namely conciliation and arbitration. Conciliation is a means of attempting to conciliate and settle the matter before the next process, namely Arbitration, follows.   Both the Applicant-employee and the Respondent-employer can request that the Arbitration does not proceed immediately after a Conciliation process has failed.  [...]

2018-10-19T11:01:00+02:00October 19th, 2018|General|Comments Off on Disclosure of Relevant Documents (Rule 29 of the CCMA Rules)
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