Overview
The Dispute Resolution Centre (DRC) is MIBCO’s dedicated platform for managing labour disputes in the motor industry. Accredited by the CCMA, the DRC handles a wide range of workplace matters, including unfair dismissals, wage disputes, and procedural conflicts.
Staffed by full-time, qualified Commissioners, the DRC ensures that cases are resolved professionally, efficiently, and in line with established labour law practices. With offices nationwide, the DRC provides accessible and impartial support to both employers and employees.
The CCMA has accredited MIBCO to manage a wide range of labour disputes in the motor industry. In fulfilling this mandate, MIBCO established the Dispute Resolution Centre (DRC), which mirrors CCMA processes and is overseen by full-time, accredited Commissioners. The DRC operates through regional offices located throughout South Africa.
The procedure for the resolution of most labour disputes can be summarised as follows:
- A copy of the Referral Form (Form LRA 7.11) 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 email, fax, registered mail, 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 attempt to enrol the dispute for Conciliation or Con/Arb proceedings within 30 days of receipt of the referral.
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- Conciliation is an informal meeting aimed solely at arriving at an amicable resolution of the dispute.
- 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 (Form LRA7.13) on the other party and the DRC.
- The DRC will enrol the dispute for Arbitration and inform the parties accordingly.
- 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 and Provident Fund concerns, must be lodged directly with MIBCO.
For cases falling under the jurisdiction of the CCMA please refer to the CCMA Website.