Section 191(5A) makes provision for the Con-arb process, which is a speedier one-stop process of conciliation and arbitration for individual unfair labour practices and unfair dismissals. In effect, this process will allow for conciliation and arbitration to take place as a continuous process on the same day. The process is compulsory in matters relating to-
- dismissals for any reason relating to probation;and
- any unfair labour practice relating to probation.
If no objection is received, this process may be used for any other dispute (conduct, capacity, continued employment intolerable, less favourable terms after a s197 or s197A transfer, reason for dismissal unknown, or an unfair labour practice).
This process may not be used for dismissals relating to unprotected strikes. These disputes must be referred to the Labour Court after conciliation has failed at the CCMA.
The CCMA must give both parties at least 14 days' notice of the hearing date. If a party fails to appear or to be represented, the conciliation will continue on the scheduled date. If the arbitration does not immediately follow the conciliation as set out in the notice, the arbitration must be scheduled either in the presence of both parties at the conciliation or by the CCMA giving 21 days' notice to both parties.
Objections to the con-arb process
No objection will be allowed for disputes relating to probation. An employee may object by indicating such on the LRA form 7.11.An employer may object to this process by giving written notice to the CCMA at least 7 days prior to the hearing.
NOTE: Regardless of the employer objecting to this process, the employer must attend the conciliation.