Preferred Method for Resolving Labour Dispute at a Pre-Conciliation Stage

It is imperative to note that currently, due to reduced budget allocation to the CCMA, the labour related fora are experiencing delays in scheduling matters, specifically arbitrations, which can take up to one year. For CCMA or Bargaining Council labour related disputes, matters are usually initially set down for a con/arb hearing. However, prior to the con/arb hearing, the rules set out for a pre-conciliation stage, which is a process that can be applied prior to the commencement of the con/arb hearing set down date and time.

After taking instructions from my client and obtaining their mandate, in an endeavour to settle their labour dispute, I contact a Commissioner to assist to engage with the other party to resolve the dispute. This is a cost effective method of dispute resolution. It is cheaper and faster to resolve the labour dispute and the parties have greater control over the outcome of their matters. Once a resolution has been concluded, a legally enforceable settlement agreement is concluded and signed by the parties.

If my preferred method at the pre-conciliation stage remains unresolved, I arrange that the labour dispute is scheduled solely for a conciliation hearing, by formally objecting to the con/arb process. Conciliation is a process in which the neutral third party (the conciliator) assists the parties in reaching a mutually acceptable solution to their dispute.

If conciliation fails, an arbitration hearing is scheduled, resulting in both parties having to wait up to one year for the arbitration to be scheduled and set down for a hearing.

• Arbitration is a protracted process and is expensive, especially if the parties are represented at said process.
• Arbitration is a process in which a neutral third party (the arbitrator) makes a binding decision on the dispute, which is enforceable if breached.

Facing a labour dispute and dreading the year-long wait and high costs of arbitration? Our strategic approach to pre-conciliation is designed to save you time, money, and stress, giving you back control over the outcome. Stop the delays and start working toward a swift, cost-effective, and legally binding settlement. Contact Cape Labour now to discuss how we can fast-track your resolution.