You've received the LRA Form 7.13 - what now?
Arbitration only takes place when you haven't been able to resolve a dispute in conciliation with your employee.
In almost all cases (other than con-arb), your employee must ask the CCMA to arbitrate the dispute. To do this, he must complete an LRA Form 7.13: 'Request for Arbitration.'
Now the big question is: What must you do when you receive the LRA Form 7.13 from your employee or his representatives?
Read on to find out so you can properly prepare for arbitration.
When you receive the LRA Form 7.13, you must check these four things
The Labour Law for Managers Loose Leaf Service
says, when you receive the LRA Form 7.13
, you must read it carefully and check these four areas so you can raise any concerns you may have:
1. Check the certificate of outcome
The form needs to have the certificate of outcome attached to it. You must inspect the certificate of outcome to see if it shows the date on which the dispute remained unresolved. This is the date on which you had the conciliation.
Your employee only has 90 days from that date to deliver the LRA Form 7.13 to you.
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2. Check that the CCMA has jurisdiction to arbitrate the dispute
Section two of the form also provides a place for your employee to record under which section of the Labour Relations Act (LRA)
he's referring the dispute to arbitration.
You must check that your employee has correctly classified the dispute and that the CCMA has the jurisdiction to arbitrate the dispute.
3. Check that the description of the dispute is correct
Your employee must give a brief description of the dispute.
You must check that the facts mentioned aren't totally different to the facts mentioned when the dispute was referred to conciliation.
4. Check that the employee has completed the outcome of arbitration
In Section 3 of the form, your employee must indicate what decision he'd like the Commissioner to make. Take note of this so you can see whether he wants you to reinstate him or is only looking for compensation from you.
Knowing what to do when you receive the LRA Form 7.13 will help ensure you properly prepare for arbitration.
PS: For more information on arbitration, check out CCMA for Managers.
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