Dear Reader

This will be my last bulletin to you of 2008 and hasn’t it just flown by?!

2009 promises to bring fresh challenges, not the least of which will be weathering the current economic climate and the extent to which South Africa is hit by the global financial woes. So the last thing you want is to spend extra money on disputes at the CCMA.

If you’re taken to the CCMA, you must know your rights and understand the processes to minimise your risks and costs. We’ve had so many queries about this that we’ve planned a whole series on understanding more about the CCMA for next year’s updates. 

In the meantime here are a few tips about the CCMA’s con-arb process.

Understanding more about the CCMA

You will frequently receive a notice of setdown from the CCMA stating that it will be conducting a con-arb process. What is this and what are your rights?

A con-arb is a combination of conciliation and arbitration.  In con-arb,  the CCMA conciliates a dispute and, if it isn’t settled during conciliation, the Commissioner will move straight into arbitration.

It’s important for the CCMA to make the best use of its limited resources and to be able to allocate its commissioners efficiently. If the CCMA works more efficiently, then this is ultimately to the advantage of everyone. The con-arb process is a lot quicker than the normal two-stage process for resolving a dispute (conciliation followed by arbitration on a later date). This means it takes up less time and money for both the parties and the CCMA.

The con-arb process is compulsory in only two instances; where the dispute is either about dismissal for any reason relating to probation or any unfair labour practice relating to probation.

So what happens if you receive a notice of setdown for con-arb and you don’t want to make use of the process?  In all instances where con-arb may be used but is not compulsory you have the right to object and then the CCMA can’t force you into the process.
 
When should you agree to con-arb even though it is not compulsory?

When the case is simple and you can easily present your case if you have to go straight into arbitration, for example if you only need one or two witnesses and not many documents to prove your case. This is just one example. Look out for more information on understanding the CCMA in your 2009 updates.

Until then, for those having holidays, may they be restful and for those celebrating Christmas, may you be blessed.

Regards

Susan Stelzner
 
Message from the Managing Editor

I’d also like to put in my bit – and wish you all a restful festive season. Here’s to a successful and happy 2009!

Warm Regards
Sarah-Jane