Dispute Resolution, Labour Law, South Africa

Dispute Resolution

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About this product

Dispute Resolution - This product deals with both internal an external disputes in the workplace, CCMA, Bargaining Council and Labour Court. this is a collection of information sheets, documents and templates to assist the employer and the employee in resolving internal and external disputes.

Why you should buy this product

Disputes can be a destructive force in the workplace if not dealt with speedily and effectively. Every employer, manager and employee should understand the role of disputes and how to resolve it in such a way that the work relationship is not irreparably harmed! This product will equip the employer, manager, HR or even the employee to understand the different types of dispute resolution and how to effectively apply it in the workplace, CCMA, or Labour Court.

Content

This product contains information sheets, examples and publications dealing with the CCMA, Bargaining Councils, arbitrations, internal disputes, strikes, secondary strikes, con-arb in the CCMA, picketing, probation, unfair labour practices, union misconduct, and remuneration. Full access for 1 year.

Included in this Product

Documents (67)Includes documents, templates, examples and information sheets

Title	Description	Type	Actions
Affidavit in opposition to condonation application	How to oppose an application for condonation in terms of rule 9 of the CCMA rules, of any referral document or application delivered outside of the applicable time periods as set by the CCMA rules	Template	Preview
Affidavit in support of rescission - pdf	Section 144 of the LRA - Dealing with variation and rescission of arbitration awards and rulings.	Information Sheet	Preview
Affidavit in support of rescission	Section 144 of the LRA - Dealing with variation and rescission of arbitration awards and rulings.	Template	Preview
Affidavit section 142A of the LRA - pdf	Making a settlement agreement an arbitration award of any dispute that has been referred to the CCMA	Information Sheet	Preview
Affidavit section 142A of the LRA	Making a settlement agreement an arbitration award of any dispute that has been referred to the CCMA	Template	Preview
Application for postponement of arbitration in the CCMA	Rule 31 - Application to postpone an arbitration in the CCMA	Information Sheet	Preview
Argument on points in limine in CCMA arbitrations	A rule 31 application to the CCMA to decide on interlocutory applications or technical points raised by a party in the CCMA arbitration.	Information Sheet	Preview
Argument on points in limine in CCMA arbitrations	A rule 31 application to the CCMA to decide on interlocutory applications or technical points raised by a party in the CCMA arbitration.	Template	Preview
CCMA rules and forms	Rules and forms applicable in the CCMA dealing with referral, applications, condonation, subpoenas and wittiness fees.	Information Sheet	Preview
Confirmationary affidavit	A confirmatory affidavit is needed when a person is mentioned in the primary affidavit. The cautionary rules of evidence prescribe that without an affidavit confirming the correctness of what is averred in the primary application, the evidence is hearsay and inadmissible. A confirmatory affidavit only serves to confirm the details in so far as they relate to that person.	Information Sheet	Preview
Confirmationary affidavit	A confirmatory affidavit serves to confirm the version stated in the main application in so far as it relates to the person confirming.	Template	Preview
Dispute procedures and path in terms of the LRA	A discussion document on the dispute procedures and path as set out in the LRA, specifically dealing with conciliation, arbitration, pre-dismissal arbitration and con-arb.	Information Sheet	Preview
Example of Index	An example of an index to be used in compilation of bundles of evidence and documents exchanged.	Information Sheet	Preview
Example of Index	Template of an index to be used in proceedings.	Template	Preview
Filing cover	A filing sheet is used to present an affidavit for service or filing.	Information Sheet	Preview
Filing cover	A template of a filing sheet, which is a cover for an affidavit for presentation via service or filing.	Template	Preview
How to deal with Union misconduct – Part 1	An information sheet detailing liability of Union & Union official in the work place. Unions cannot escape the conduct of its members, officials and shop stewards and can be held liable for delictual damages due to the fault of the Union which caused a loss to the employer.	Information Sheet	Preview
Introduction of the CCMA and related institutions	The Labour Relations Act codifies the law of unfair dismissals and unfair labour practices. This means that disputes about unfair dismissals and unfair labour practices can only be referred to certain institutions as is provided for by the LRA. Only the disputes as is defined by the Act could be referred to these institutions. The Act aims at an expedited dispute resolution process, involving conciliation and arbitration to settle most dismissal and unfair labour practice disputes.	Information Sheet	Preview
Letter - Request for Arbitration	Letter to the CCMA requesting a case number to be allocated for arbitration.	Information Sheet	Preview
Letter - Request for Arbitration	A letter to the CCMA requesting a certificate of outcome.	Template	Preview
Letter to CCMA - Subpoenas	A letter to the CCMA requesting the Senior Convening Commissioner is to subpoena certain witnesses.	Information Sheet	Preview
Notice of motion postponement	An information sheet of a notice of motion requesting a postponement of a matter.	Information Sheet	Preview
Notice of motion postponement	An information sheet of a notice of motion requesting a postponement of a matter.	Template	Preview
Notice to Oppose	A notice to oppose in the CCMA is important to ensure that the CCMA is aware that the matter will be defended and it provides an address for service of all notices and proceedings in the matter.	Information Sheet	Preview
Notice to Oppose	A notice to oppose in the CCMA is important to ensure that the CCMA is aware that the matter will be defended and it provides an address for service of all notices and proceedings in the matter.	Template	Preview
Objection con arb letter	An objecting to a combination of conciliation and arbitration. Con-Arb means that the same commissioner will attempt to reach conciliation, and if this is unsuccessful will immediately commence the arbitration process. This document is used in complex matters where the case warrants greater preparation, exchange of bundles and more time needed.	Information Sheet	Preview
Objection con-arb Formal	An objecting to a combination of conciliation and arbitration. Con-Arb means that the same commissioner will attempt to reach conciliation, and if this is unsuccessful will immediately commence the arbitration process. This letter is used in complex matters where the case warrants greater preparation, exchange of bundles and more time needed.	Template	Preview
Objection con-arb Formal	An objecting to a combination of conciliation and arbitration. Con-Arb means that the same commissioner will attempt to reach conciliation, and if this is unsuccessful will immediately commence the arbitration process. This letter is used in complex matters where the case warrants greater preparation, exchange of bundles and more time needed.	Information Sheet	Preview
Pre-dismissal Arbitration Agreement	Section 188A of the LRA creates the pre-dismissal arbitration process. Parties in terms of section 188A must consent to a pre-arbitration process. This agreement serves as an example.	Information Sheet	Preview
Pre-dismissal Arbitration Agreement	Section 188A of the LRA creates the pre-dismissal arbitration process. Parties in terms of section 188A must consent to a pre-arbitration process. This agreement serves as an example.	Template	Preview
Preparation for arbitration	This paper details how an employer should approach a referral to arbitration. It provides information surrounding preparation; time lines and what to expect.	Information Sheet	Preview
Pre arbitration minutes	A pre- Arbitration minute serves to narrow the issues in dispute between parties; set out common-cause facts. It is also an agreement on the practical running of the arbitration.	Information Sheet	Preview
Pre arbitration minutes	A pre-arbitration minute is used by parties to an arbitration to limit the issues in dispute; identify the common cause facts and come to agreement on the process of the arbitration.	Template	Preview
Preparation for arbitration	An information sheet on the procedures and processes of an arbitration at the CCMA/ Bargaining council and what an employer can expect in order to adequately prepare.	Information Sheet	Preview
Promotion, a right or a privilege	Section 186(2) determines that an "unfair labour practice" is any unfair act or omission by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee. This paper discusses the law on promotions.	Information Sheet	Preview
Recissions	The variation or rescission of arbitration awards or rulings (a ruling is made by a Commissioner if it has the effect of a final order) should be done by way of an application, within 14 days of the date on which the applicant became aware of the arbitration award or ruling or became aware of the mistake common to the parties to the proceedings.	Information Sheet	Preview
Requirments of the Polygraphist when testifying in the Court and the CCMA	Polygraph examiners have widely been accepted as expert witnesses whose evidence needs to be tested for its probative value and reliability, when testifying in court or the CCMA. Therefore the Polygraph examiners should be called to testify as an expert witness during the disciplinary hearing, the CCMA arbitration or the Labour Court.	Information Sheet	Preview
Rights and interest disputes	A dispute of right constitutes a legal claim to which a party to the employment relationship is entitled. This entitlement is constituted by virtue of the employment contract, a collective agreement, a statute or even common law. An interest dispute involves a claim by a party which relates to something new, therefore something that party is entitled to yet.	Information Sheet	Preview
Settlement Agreement - Formal	A settlement agreement is concluded when the parties negotiate an amicable 'clean-break' and the matter does not need to proceed to arbitration.	Information Sheet	Preview
Settlement Agreement - Formal	A settlement agreement is concluded when the parties negotiate an amicable 'clean-break' and the matter does not need to proceed to arbitration.	Template	Preview
Settlement Agreement Afrikaans	An agreement to settle a dispute.	Information Sheet	Preview
Settlement Agreement Short	An agreement to settle a dispute.	Information Sheet	Preview
Settlement Agreement Short	An agreement to settle a dispute.	Template	Preview
What is the CCMA	The CCMA is set up as an independent jurisdiction person. It has jurisdiction in all the provinces in the Republic and has established provincial offices in all the Provinces.	Information Sheet	Preview
Affidavit in opposition to condonation application - pdf	How to oppose an application for condonation in terms of rule 9 the of CCMA rules, of any referral document or application delivered outside of the applicable time periods as determined by the CCMA Rules.	Information Sheet	Preview
Application for postponement of arbitration in the CCMA	Application for postponement of arbitration in the CCMA	Template	Preview
Settlement Agreement Afrikaans	An agreement to settle a dispute.	Template	Preview
The analysis process	Conducting an analysis and collecting information from employees are the duties of the Designated employer.	Template	Preview
The analysis process	Conducting an analysis and collecting information from employees are the duties of the Designated employer.	Information Sheet	Preview
The role of the Union Representative	The role of union representatives are investigated. They are entitled by virtue of the EEA to represent employees on the EEC. The EEA clearly allows for representation and the employer must consult on the subject of EE with the union. All representative unions must be allowed.	Template	Preview
Can a union be held liable for damages during protest actions	An article discussing the liability of a trade union for damages caused to the public during protest actions.	Information Sheet	Preview
Remedies - What can we claim in the CCMA	When referring a claim to the CCMA, one of the first and most crucial decisions that need to be made by the employee is exactly what remedy he or she wants and what type of claim for remuneration and benefits can be claimed in the CCMA or bargaining council? Employees are often dissatisfied with their benefits and salary and threaten regularly with claims to the CCMA and Department of Labour. Employers refer to civil claims and many an employee lost jurisdictional claim for benefits and remuneration in the CCMA.	Articles	Preview
Remuneration and benefits claims in the CCMA	Many an employer and employee are at a lost as to exactly what type of claim for remuneration and benefits can be claimed in the CCMA or bargaining councils. Employees are often dissatisfied with their benefits and salary and threaten regularly with claims to the CCMA and Department of Labour. Employers refer to civil claims and many an employee lost jurisdictional claim for benefits and remuneration in the CCMA.	Articles	Preview
Retrenchment and measures how to avoid retrenchment	Retrenchment is nothing but a dismissal for operational reasons, which can include a variety of reasons such as the financial decline of a business, an employer deciding to increase profits of his business or a part thereof, the introduction of new technology that results in a decline in positions or structural changes such as the transfer of a part of the business of the employer. Retrenchment is one of the three reasons accepted in the South African labour law to dismiss an employee. Retrenchment is also known as a "no fault dismissal". Due to the fact that it is in essence still a dismissal, the requirement of "fair labour practices" still applies.	Information Sheet	Preview
Secondary Strikes	Secondary strikes are used by employees of other employers to put pressure on the primary employer to accept the demand of the employees. Section 213 of the LRA defines it as: “a strike, or conduct in contemplation or furtherance of a strike, that is in support of a strike by other employees against their employer, but does not include a strike in pursuit of a demand that has been referred to a council if the striking employees, employed within the registered scope of the council, have a material interest in that demand.”	Articles	Preview
Sidumo - The reasonable decision maker test	The Constitutional Court case of Sidumo v Rustenburg Platinum Mines is considered where the court upheld the reasonable descision maker test. The Commissioner must first conduct a factual enquiry to establish whether the employee indeed committed misconduct. The second part of the process is to determine the fairness of the dismissal. Here the Commissioner must take into account the reasonableness of the rule breached by the employee.	Articles	Preview
Signing away retrenchments	Signing a voluntary retrenchment agreement essentially amounts to a waiver of an employee’s rights in terms of the Labour Relations Act No. 66 of 1995 (“LRA”). An employee who validly agrees to the termination of his employment contract cannot be said to have been ‘dismissed’ and can therefore not refer an unfair dismissal dispute to the CCMA or the Labour Court.	Information Sheet	Preview
Strike action - friend or foe	The purpose of setting up a trade union or belonging to one is that collective power is a fundamental concept of a trade union. An employee achieves very little when he or she is a “one man show”. A single employee can, for instance, not embark on a protected strike. Employees therefore organize themselves in trade unions in order to maximize their collective power in what we call “power play” against the employer. This ensures greater participation by employees in the regulation of their workplace matters. It is this positive effect of power-play that has been recognized by the legislature and embodied in law.	Articles	Preview
Trade unions - How to deal with power play	A trade union is in essence an association of employees with its principal purpose to regulate relations between the employer and the employees on matters of mutual interest. This includes collective-bargaining, dispute resolution, the representation in disputes and effectively working together in achieving labour peace in the workplace and increasing employee participation in workplace matters.	Information Sheet	Preview
When to apply for rescission in the CCMA	Rescission is governed by Rule 32 of the CCMA rules read with section 144 of the LRA. It can only be sought on very limited grounds as set out in section 144. This article considers the interpretation of section 144 - Rescission - through the case law.	Articles	Preview
Agreement to postpone in council	A letter to confirm the parties have reached a consensual agreement to postpone a matter. This must be submitted timeously to ensure it is effected.	Information Sheet	Preview
Agreement to postpone in council	A letter to confirm the parties have reached a consensual agreement to postpone a matter. This must be submitted timeously to ensure it is effected.	Template	Preview
Notice of Motion Rule 32 application (Rescission)	A notice of motion for a rescission application setting out the prayers.	Template	Preview
Letter with subpoenas	An example of a letter sent to witnesses under a subpoena attaching the original subpoena and requesting their presence or securing the presence of certain documents specified in the subpoena.	Information Sheet	Preview
Letter with subpoenas	An example of a letter sent to witnesses who are under a subpoena order, attaching the original subpoena thereto and requesting their presence or securing the presence of certain documents specified in the subpoena.	Template	Preview
Rescissions	Section 144 of the LRA governs the limited grounds when a party to an award may rescind that award. Section 32 of the CCMA rules gives affect to section 144. The article discusses what one has to prove to sustain a successful rescission application.	Information Sheet	Preview
Agreement to Postpone in CCMA	Template - Agreement between applicant and respondent to Postpone in the CCMA	Template	Preview

Videos (0)Includes training videos, webcasts and online seminars

Title	Description	Type	Actions

Publications (1)Includes publications

Title	Description	Type	Actions
Workplace Discipline and Dismissal	This publication details the process of disciplinary hearings and assisting employers to ensure such hearings are conducted in a procedurally fair manner. A step by step guide to discipline in the work place.	Publication	Preview