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3 important points to keep in mind for the con-arb process. And 1 important tip to deal with them

by , 06 November 2015
The 'con-arb' process refers to conciliation and arbitration. What this process means is that if a dispute isn't settled at conciliation, it will pass over, immediately to arbitration.

Authorities introduced this process in 2002 to avoid wasting time through separate conciliation and arbitration hearings for matters which weren't resolved during conciliation and according to the Labour Relations Act, the conciliating Commissioner has the power to proceed directly to arbitration.

And there are 3 important points you should know about the con-arb process...

1. In cases of dismissal, and where the reason for it is, in any way, related to the probation of an employee, the con-arb process is compulsory.
 
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2. The Commission for Conciliation, Mediation and Arbitration (CCMA) must give you 14 days' notice of its intention to follow the con-arb process.
 
3. If you wish to object to the con-arb process, you must give a written objection within at least 14 days before the scheduled meeting date.
 
1 important tip
 
With the exception of number 1 above, it's advised to ALWAYS object to the con-arb process.

The reason for this is because, if you don't object, you'll have to begin preparing for arbitration, from the beginning.

So by you objecting, you get extra time by making use of the separate processes of conciliation and arbitration.
 
*To learn more on conciliation and arbitration, subscribe to Labour Law for Managers where you'll receive up-to-date, practical advice.
 
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