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Referring a dispute to the CCMA for conciliation or conciliation-arbitration (con–arb)

Description

A conciliation hearing is a process where a commissioner (or a panellist, in the case of a bargaining council or agency) meets with the parties in a dispute to explore ways to settle the dispute by agreement.

The conciliation-arbitration (con-arb) process quickly resolves individual unfair labour practices and unfair dismissals through conciliation and arbitration. This process allows for conciliation and arbitration to take place as a continuous process on the same day, if required.

Conciliation resolves disputes quickly and fairly. The conciliation process is uncomplicated, inexpensive and does not allow for any legal representation. The decision to settle is in the hands of the parties involved.

At a conciliation meeting the employer may appear in person or may be represented by a director or another employee or an employers’ organisation. The employee may be represented by any member office-bearer or official of the employee’s registered trade union.

If the applicant fails to attend the conciliation hearing at the scheduled time, the matter will be dismissed. Should the applicant wish to continue, an application for rescission of the dismissal must be made.

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Steps to follow

  • Complete the LRA 7.11 and submit it to the Commission for Conciliation, Mediation and Arbitration (CCMA) in the province where the dispute arose together with a proof that a copy of this form has been served on the other party. Attach the following to your application:
    • a copy of a registered slip from the Post Office
    • a copy of a signed receipt if the copy of the form was hand delivered
    • a signed statement by the person who delivered the copy of the form
    • a copy of a fax confirmation slip or any other satisfactory proof.
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Legal framework

(Documents are provided in PDF format. To open PDF documents, you need to have Adobe Acrobat Reader 4 or higher installed on your computer.)

Labour Relations Act, 1995 (Act 66 of 1995), Section 133 and 191(1)

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Service standard

  • Unfair dismissal: 30 days from the date of dismissal.
  • Unfair labour practice: 90 days from the date  act or ommission of the alleged unfair labour practice or 90 days of the date which the employee became aware of the act or occurrence.
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Cost

The service is free.

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Forms to complete

(Forms are provided in PDF format. To open PDF documents, you need to have Adobe Acrobat Reader 4 or higher installed on your computer.)

Referring a dispute to the CCMA for conciliation, Form LRA7.11

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