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Do you know when you should agree and when to object to con-arb?

by , 01 October 2014
Con-arb is a combination of conciliation and arbitration.

If you and your employee don't settle a dispute during conciliation, the Commissioner will immediately move into arbitration. Conciliation and arbitration take place one after the other on the same day.

Many employers battle when it comes to con-arb. They're not sure when it's appropriate to agree to con-arb and when it's not.

If you're one of these employers, we'll make things simpler for you so you can make a decision that suits your company when it comes to dispute resolution.

Keep reading to discover when you should and shouldn't agree to con-arb.


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Here's when you should and shouldn't agree to con-arb

When to agree to con-arb
 
  • You can use con-arb when neither party objects for any dispute over which the CCMA has jurisdiction.
 
  • Con-arb is compulsory for a dismissal related to probation and any unfair labour practice relating to probation.
 

Here's when you should object to con-arb


The Labour Law for Managers Loose Leaf Service says, object to con-arb when:
 
  • You don't want to waste time preparing for arbitration at an early stage. This is only if you believe there's a good chance of resolving the dispute in conciliation.
 
  • You want to share information with the conciliating Commissioner to help achieve a settlement but you don't want the same Commissioner to arbitrate your case.
 
  • You want legal advice or representation for arbitration.
 
  • You don't want to have all your witnesses ready at conciliation for the possibility it goes to arbitration.
 
Now that you know when you should agree and when to object to con-arb, make a decision that suits your company when it comes to dispute resolution.

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