What is Con/Arb?
Con/Arb stands for Conciliation, Arbitration. There are two separate processes in terms of the CCMA rules.
Conciliation is where the employer and the employee will try to mediate and settle the case. There’s not going to be any evidence led and the CCMA will actually try and help the parties to come to what is called an out of court settlement.
If conciliation fails the case then the case goes to Arbitration. Arbitration is a more formal process that involves the leading of evidence, witnesses, testimony, documents and possibly even a ruling from the CCMA.
To make labour cases go faster, the CCMA actually combine these processes Con/Arb, conciliation first if that fails the case goes straight to arbitration.
Although employers have the right to object to the two processes happening on the same day.
In other words what the employer is doing by putting in an objection is to separate the processes on that date that you get from the CCMA. You will actually only have the conciliation if the employer has provided an objection to Con/Arb. Your arbitration will then take place on a separate day provided by the CCMA.
It must also be noted that for certain disputes, objections are not permitted, such as:
- Dismissal and unfair labour practice disputes relating to probation.
- Compliance orders referred in terms of Section 69(5) of the Basic Conditions of Employment Act 75 of 1997.
- Section 73A disputes in terms of the Basic Conditions of Employment Act 75 of 1997 for failing to pay any amount owing in terms of this section.
It is important to bear in mind that if the matter is only set down for conciliation, the employer has no legal obligation as it stands to attend conciliation only. However, if the case is set down for arbitration, then the employer must attend. If they fail to attend an arbitration, you can get a ruling in your favour by default.
During the mediation or conciliation stage, try and keep your settlement figures fair and reasonable. In other words, don’t go in expecting to get the maximum of 12 months, you’re unlikely to get that. The employer would rather take the risk of going to arbitration, where the maximum is 12 months than pay you out 12 months.
