What is Con-Arb
Section 191(5A) of the Labour Relations Act, the LRA, makes provision for a Con-arb process, which is a speedier one-stop process which allows for combination of a conciliation and arbitration in one process, to be held immediately after each other in a dual process.
The process is compulsory in matters relating to-
- dismissals for any reason relating to probation;
- any unfair labour practice relating to probation;
- a dispute relating to a compliance order referred to in terms of section 69(5) of the BCEA; and
- a claim for failure to pay any amount owing referred to in terms of section 73A of the BCEA.
The CCMA has a Con-Arb procedure for resolving disputes. In this dual process, a conciliation and CCMA hearing will occur on the same day.
When the conciliation is unsuccessful and no resolution is reached, then the arbitration will start immediately following the conciliation.
In terms of the CCMA rules, however, a party may object to the arbitration starting on the same day. Accordingly, the arbitration will take place at a future date, which will be announced by the Commission.
Notice of Objection
According to CCMA rules, a notice of objection must be served on the CCMA as well as the other party to the dispute at least seven days before the hearing.
In that case, the party would have to state in its notice that it opposes the arbitration occurring after the conciliation process.
If the dispute affects a party’s ability to receive documents, including emails, faxes or postal mail, it is advisable that the party provide the address to which documents can be sent.
It should be emailed or faxed to the case manager of the CCMA; details of which can be found on the notice of set down.
When you send your notice of objection to the CCMA, you must also include proof of service to the other party.
In addition, you should have a copy of both the objection and the proof of service on hand for the day of the process, as these documents are commonly misplaced, and proof of service and filing of the objection may be required of you.
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.
Therefore, in the above cases, the arbitration will commence following the conclusion of the conciliation process.
