Dispute Resolution Centre
DISPUTE
RESOLUTION PROCEDURE
The Bargaining Council has been accredited to resolve disputes which occur in our industry and to this end has created a Dispute Resolution Centre [DRC], staffed by highly skilled and qualified persons.
Although designed for speedy resolution, certain procedures are required for parties who refer disputes to the DRC. These can be summarised as follows:
A copy of the LRA7.11 form must be served on the other party. Service may be effected by registered mail, personal service or hand-delivered. Proof of service must be provided to the DRC.
Application
for dispute resolution must be made within 30 days of the occurrence which gave
rise to the dispute and if not referred to the DRC within 30 days, motivation as
to why the late referral should be condoned, must accompany the application.
The
other party will be given the opportunity to oppose the granting of condonation
and the Council’s Conciliator will then consider and decide on the matter.
Procedures
for presenting verbal argument and appeals from decisions exist – in this
regard the Council’s staff will be able to assist.
The
Council’s Conciliator, appointed to resolve disputes, is bound by a code of
conduct which includes strict confidentiality. He has wide powers in
the selection of the most appropriate method of dispute resolution and may elect
to interview parties to the dispute in separate sessions.
As
well as the confidentiality which applies to the process as a whole, information
elicited from one party in a separate session will not be revealed to the other
without express permission.
The Conciliator will explain the ground rules which apply more fully at the commencement of a dispute. Should the parties fail to resolve the dispute they will be given a certificate of outcome and they may then apply for arbitration of their dispute.
DISPUTE RESOLUTION RULES
| RANDBURG | |
| 275
Kent Avenue Ferndale Randburg 2125 Tel: (011) 787-9713 Gordon Edwards (Director) |
PO Box 3717 Randburg 2125 |
| PRETORIA | |
|
Hatfield Forum East 2nd Floor Arcadia Street Between Hilda and Festival Street Hatfield Tel: (012) 342-0130/3404 Fax: (012) 342-0104
|
PO Box 14004 Hatfield 0028 |
| KWA-ZULU NATAL | |
|
Motor Industry House 5 Renshaw Road Congella Durban Tel: (031) 205-6243
|
PO
Box 17263 Congella Durban 4013 |
| WESTERN CAPE | |
| Caduceus
Building Unit 4 & 5 G J Woodway Bellville 7530 Tel: (021)
945-4626/27/29
|
PO
Box 17 Bellville 7535 |