Going to the CCMA and your Matter is set down as a CON-ARB. What you need to know. Due to the need to speed up the resolution of labour disputes the Labour Relations Act (LRA) provides for a ‘short-cut’ process called con-arb which stands for conciliation-arbitration. Conciliation is the process whereby a CCMA mediator tries to assist the employer and employee to reach an out-of-court agreement. Arbitration, on the other hand, is a judicial-type process that usually occurs if a conciliated settlement is not achieved. At arbitration the employer and employee bring and present evidence as in any court case. Then the arbitrator, after hearing all the evidence, makes a finding as to which party was in the wrong. Normally, if the conciliation meeting fails to produce a settlement and the employee applies for arbitration, the arbitration hearing is scheduled for several weeks or months later. Con-arb however is held on the same day, the very MINUTE that conciliation fails! Thus, the parties have no time after the conciliation meeting to prepare their evidence and arguments for the arbitration! If your matter is set down as a Con Arb, you need to come prepared, bundles x 3, witnesses and all. Con-arb is not compulsory for all types of dispute. A party who does not want con-arb must lodge a formal objection at least 7 days in advance of the set hearing date. However, such an objection will not be valid if the dispute concerns an unfair dismissal or unfair labour practice relating to probation. As mentioned, the purpose of con-arb is to cut down drastically the time period between conciliation and arbitration. It could also have the effect of forcing the parties to make every effort in trying to settle the matter at conciliation. This is because they are aware of the arbitration that will take place immediately conciliation fails. This ‘pressure’ to settle will only have an effect on an employer or employee who believes he/she could lose the case. That is, if you know your case is weak or if you are unsure whether you have prepared properly for the arbitration you will be under pressure to settle at conciliation. Such a situation of pressure could cost you a lot of money. It is therefore essential for those parties expecting to attend a con-arb to: · Begin immediately with preparations for the con-arb. · prepare their witnesses thoroughly and expertly · Carefully collect and prepare documentary and other evidence · Plan their responses to anticipated evidence that the opposing party could bring and · Prepare their case arguments including relevant case law. Need assistance? contact [email protected]
Posted on: Mon, 03 Nov 2014 17:33:53 +0000