CCMA RULES

 

PART TWO
CONCILIATION OF DISPUTES (ss 10-16)



10.   How to refer a dispute to the Commission for conciliation

  1. A party must refer a dispute to the Commission for conciliation by delivering a completed LRA Form 7.11 ('the referral document').
  2. The referring party must -

    1. sign the referral document in accordance with Rule 4;
    2. attach to the referral document written proof, in accordance with Rule 6, that the referral document was served on the other parties to the dispute;
    3. if the referral document is filed out of time, attach an application for condonation in accordance with Rule 9(3) read with Rule 31.

  3. The Commission must accept, but may refuse to process a referral document until sub-rule (2) has been complied with.

11.   When must the Commission notify parties of a conciliation

The Commission must notify the parties in writing of a conciliation hearing at least fourteen (14) days prior to the scheduled date, unless the parties agree to a shorter period or reasonable circumstances require a shorter period. The time period of fourteen (14) days runs from the date the notification is sent by the Commission. If a notification is sent by registered mail an additional seven (7) days must be allowed.

12.   Commission may seek to resolve dispute before conciliation

The Commission or a commissioner may contact the parties by telephone or other means, prior to the commencement of the conciliation, in order to seek to resolve the dispute.

13.   What happens if a party fails to attend at conciliation

  1. If a party on whose behalf a matter has been referred fails to attend the commissioner may -

    1. continue with the proceedings;
    2. adjourn the conciliation to a later date within the 30-day period; or
    3. conclude the proceedings by issuing a certificate that the dispute remains unresolved.

  2. In exercising a discretion in terms of sub-rule (1), a commissioner should take into account, amongst other things -

    1. whether the party has previously failed to attend a conciliation in respect of that dispute;
    2. any reason given for that party's failure to attend;
    3. whether conciliation can take place effectively in the absence of one or more of the parties;
    4. the likely prejudice to the other party of the commissioner's ruling; and
    5. any other relevant factors.

14.   How to determine whether a commissioner may conciliate a dispute

If it appears during conciliation proceedings that a jurisdictional issue has not been determined, the commissioner must require the referring party to prove that the Commission has the jurisdiction to conciliate the dispute through conciliation, provided that all jurisdictional issues requiring evidence may be deferred to arbitration.

15.   Issuing of a certificate in terms of Section 135(5)

A certificate issued in terms of Section 135(5) that the dispute has or has not been resolved, must identify the nature of the dispute and the parties as described in the referral document or as identified by the Commissioner during the conciliation proceedings.

16.   Conciliation proceedings may not be disclosed

  1. Conciliation proceedings are private and confidential and are conducted on a without prejudice basis. No person may refer to anything said at conciliation proceedings during any subsequent proceedings, unless the parties agree in writing or as ordered otherwise by a court of law.
  2. No person, including a commissioner, may be called as a witness during any subsequent proceedings in the Commission or in any court to give evidence about what transpired during conciliation unless as ordered by a court of law.