Human Resources Management IIB by ProfessorBurgerQueen
Dispute Resolution
- CCMA - commission for conciliation, mediation, and arbitration
- CCMA is state funded
- Primary functions to resolve disputes by conciliation and arbitration
- Only disputes regarding labour legislation
Timeframes for Referring Disputes
- Disputes concerning unfair dismissals needs to be referred within 30 days of the date
of dismissal
- Unfair labour practice disputes must be referred within 90 days of the date of the act
or omission which allegedly constituted the unfair labour practice
- Discrimination disputes must be referred within 6 months of the date of the act
- If these above time frames have not been met for some or other reason the
employee needs to apply for condonation to the CCMA if he or she still wishes to
refer the dispute to the CCMA
Commissioner Considerations - Granting Condonations
- The degree of lateness of the referral;
- The reason for the lateness;
- The prospects of success on the merits; and
- The prejudice to both parties which includes the importance of the matter to each
party.
Stages of Dispute Resolution
- Stage 1 – Declaration of the dispute “failure to agree”
- Stage 2 – Attempt to resolve the dispute by conciliatory means
- Stage 3 – The resolution / determination
Stage 1 - Failure to Agree/Lodgement of Dispute
- One of the parties refer the dispute on behalf of both parties (Form 7:11 completed)
- Dispute needs to be lodged in writing
- Referring party needs to provide clear and unambiguous statement of the issue in
dispute
- Other party needs to be fully aware of the dispute
Dispute Resolution
- CCMA - commission for conciliation, mediation, and arbitration
- CCMA is state funded
- Primary functions to resolve disputes by conciliation and arbitration
- Only disputes regarding labour legislation
Timeframes for Referring Disputes
- Disputes concerning unfair dismissals needs to be referred within 30 days of the date
of dismissal
- Unfair labour practice disputes must be referred within 90 days of the date of the act
or omission which allegedly constituted the unfair labour practice
- Discrimination disputes must be referred within 6 months of the date of the act
- If these above time frames have not been met for some or other reason the
employee needs to apply for condonation to the CCMA if he or she still wishes to
refer the dispute to the CCMA
Commissioner Considerations - Granting Condonations
- The degree of lateness of the referral;
- The reason for the lateness;
- The prospects of success on the merits; and
- The prejudice to both parties which includes the importance of the matter to each
party.
Stages of Dispute Resolution
- Stage 1 – Declaration of the dispute “failure to agree”
- Stage 2 – Attempt to resolve the dispute by conciliatory means
- Stage 3 – The resolution / determination
Stage 1 - Failure to Agree/Lodgement of Dispute
- One of the parties refer the dispute on behalf of both parties (Form 7:11 completed)
- Dispute needs to be lodged in writing
- Referring party needs to provide clear and unambiguous statement of the issue in
dispute
- Other party needs to be fully aware of the dispute
