DRC / MIBCO PREPARATORY STEPS
MIBCO has been accredited by the CCMA to resolve most types of labour disputes which occur in our industry and its dispute resolution procedures closely mirror those of the CCMA. To this end it has created the Dispute Resolution Centre (DRC), recognised by the CCMA and managed by qualified accredited full time Commissioners, with offices throughout South Africa.
THE PROCEDURE FOR THE RESOLUTION OF MOST LABOUR DISPUTES CAN BE SUMMARISED AS FOLLOWS:
· A copy of the Referral Form must be served on the other party and the DRC within 30 days of a dismissal (or 90 days of an unfair labour practice). Service may be effected by registered mail, fax or by hand. Proof of service, such as a fax or Post Office slip, must be provided to the DRC.
· Should the dispute be referred outside the 30 or 90-day period, condonation for the late referral needs to be sought. The DRC’s Case Management staff will gladly assist with the necessary forms.
· The DRC will enrol the dispute for Conciliation or Con/Arb proceedings at a venue closest to the parties within 30 days of receipt of the referral.
O CONCILIATION is an informal meeting aimed solely at arriving at an amicable resolution of the dispute.
o CON/ARB incorporates a second process, Arbitration, at which the presiding Commissioner will listen to evidence from both parties and issue a final and binding award.
· If the dispute was enrolled for Conciliation only and remains unresolved, the Applicant must formally request the DRC to arbitrate. This can be done by serving a copy of the Request for Arbitration Form on the other party and the DRC.
· The DRC will enrol the dispute for Arbitration at a venue closest to the parties.
· A DRC arbitration award is final and binding and, when certified by the CCMA, can be enforced as if it were an order of the Labour Court. Contact the DRC on how to apply for CCMA certification of the award.
Note that disputes relating to Main Collective Agreement infringements, such as underpayments, must be lodged directly with MIBCO.