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Did you know: The con-arb process is only compulsory in these two instances?

by , 30 October 2014
Con-arb is a one-stop process of conciliation and arbitration.

Here, conciliation and arbitration take place as a continuous process on the same day, one immediately after the other if the dispute isn't resolved by conciliation.

The important point to note about the con-arb process is that it's only compulsory in two instances. In other cases, it's optional and you don't have to accept it. Instead you'll follow the conciliation and then the arbitration process.

Read on to discover the two instances when con-arb is compulsory so you can comply with labour law.


Here are the two instances when con-arb is compulsory

 
According to the Labour Law for Managers Loose Leaf Service, the con-arb process is compulsory in:
 
1. A dismissal for any reason relating to probation; and
 
2. Any unfair labour practice relating to probation.
 
Now that you know the two instances when con-arb is compulsory, take a look at disputes where con-arb can be used, but isn't compulsory.

 
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The CCMA may also use con-arb in these disputes

 
The CCMA can use con-arb in:
 
  • A dismissal for misconduct or incapacity;
 
  • A constructive dismissal dispute;
 
  • A dispute where your employee alleges dismissal because you failed to renew a contract or renewed a contract on less favourable terms;
 
  • A dispute where employees allege you transferred them on less favourable terms after a Section 197 (going concern) transfer of the business;
 
  • A dismissal where the employee doesn't know why you dismissed him; and
 
  • Any unfair labour practice.
 
In all these instances, you have the right to object to the process. Check out the Labour Law for Managers Loose Leaf Service to find out how to do this.
 
Knowing the two instances when the con-arb process is compulsory will help ensure you comply with labour law.
 

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