| (a) |
An employee may refer a dispute to the Council for conciliation by completing the Council's referral form and serving it on Council. |
| (b) |
Notwithstanding, sub-clause (3)(a) the Council may accept a referral form referred to it by the CCMA or a Bargaining Council or from the Department of Labour. |
| (c) |
The referring party must: |
| (i) |
sign the referral form |
| (ii) |
attach written proof that the referral form was served on the other parties to the dispute by means of telefax, or hand delivery or registered mail. |
| (iii) |
attach an application for condonation on the prescribed form if the referral form is filed late i.e. outside of the 30 -day time period in the case of alleged unfair dismissal calculated from the date of dismissal or if it is a later date outside 30 days of the employer making the final decision to dismiss or uphold the dismissal or, |
In the case of an unfair labour practice, outside 90 days of the date of the act or omission which allegedly constitutes the unfair labour practice, or if it is a later date, outside of 90 days of the date on which the employee became aware of the act or occurrence.
| (d) |
The Council must refuse to accept the referral form until sub rule (3)(c) has been complied with. |
| (e) |
The Council must give the parties at least 14 days written notice of a conciliation hearing unless the parties agree to a shorter period of notice. |
| (f) |
In conciliation proceedings a party to the dispute may appear in person or be represented only by a director or employee of that party and if a close corporation also a member thereof, or any member, office bearer or official of that party's registered trade union or registered employers' organisation, |
| (g) |
The Council's conciliator may contact the parties by telephone or by other means, prior to the commencement of the conciliation, in order to attempt to resolve the dispute. |
| (h) |
If it appears during conciliation proceedings that a jurisdictional issue has not been determined, the Council must require the referring party to prove that the Council has the jurisdiction to conciliate the dispute. |
| (i) |
Any conciliator appointed in terms of this clause shall determine a process to attempt to resolve the dispute which may include— |
| - |
mediating the dispute, or |
| - |
conducting, a fact finding exercise, or |
| - |
making a recommendation to the parties, which may be an advisory award. |
| (j) |
When conciliation has failed, or at the end of the 30-day period or any further period agreed to between the parties, the conciliator must— |
| (i) |
issue a certificate stating whether or not the dispute has been resolved and— |
| (ii) |
serve a copy of that certificate on each party to the dispute or the person who represented a party in the conciliation proceedings; and |
| (iii) |
the original certificate must be filed with the Council |
| (k) |
The conciliator shall advise the referring party of his right to refer the unresolved dispute for adjudication within 90 days after the date on which that certificate was issued— |
| (i) |
to the CCMA for reasons in terms of section 191(5)(a) of the LRA if the Council is not accredited to arbitrate the dispute in terms of section 127 of the LRA or |
| (ii) |
to refer the dispute to the Labour Court for adjudication for reasons in terms of section 191(5)(b) of the LRA. |
Copyright Act, 1978
