Our labour experts get a lot of questions regarding labour issues.
One question that keeps coming up is whether or not there's a difference between CCMA conciliation and arbitration.
The short answer to this question is 'yes'.
Keep reading as we explain how CCMA conciliation and arbitration differ so you can handle the process of dispute resolution effectively and lawfully.
Yes, there's a big difference between CCMA conciliation and arbitration
is a process that takes place at the CCMA and at bargaining councils.
It's basically a negotiation process where you and your employee try to reach a settlement agreement to resolve the dispute.
A CCMA commissioner called a Conciliator facilitates this attempt to reach an 'out of court' settlement.
is also a process that takes place at the CCMA and at bargaining councils. It happens when conciliation hasn't been successful.
An arbitrator (a type of junior judge) hears the merits of the case you and your employee present. He examines the fairness of the procedure you followed before dismissing your employee.
When it comes to CCMA conciliation and arbitration, neutral statutory officials conduct these processes. Don't confuse these officials with your Chairperson, who conducted your disciplinary procedures.
Here's our experts' advice for surviving CCMA conciliation and arbitration…
Get instant samples, templates and checklists to make sure you're implementing labour laws and practices with these free reports
*********** Best seller *************
Do you know:
These little known ways to reduce absenteeism?
Your employees aren't automatically entitled to a bonus?
How to get rid of that employee who's not performing?
How to solve 40 labour problems that drive other people nuts?
All the policies to hire, fire and manage your employees?
Find out now with the five reports you'll get when you sign up to the Labour Law for Managers Subscription Service
. Sign up today
Our labour experts have this to say about CCMA conciliation and arbitration
Preparation is key when it comes to CCMA conciliation and arbitration.
'There's no greater asset in the process of dispute resolution than proper and complete preparation. Never economise on preparation,' say the experts.
They recommend you checkout the Labour Law for Managers
as it contains steps you must take in the run-up to CCMA conciliation as well as a guideline on how to prepare for arbitration.
Knowing the difference between CCMA conciliation and arbitration will help ensure you handle the process of dispute resolution effectively and lawfully.
Official notice: You have to appear at the CCMA within 30 days
This notice to attend the CCMA lands on your desk...
Your palms start sweating… Your knees shake… And your heart's beating so fast it feels like it's about to launch itself across your desk.
Where do you start? What do you do? How do you prepare?