Training Layoff Scheme
Rules and Legislation
Codes and Procedures
Essential Services Committee
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What would I do if the dispute remains unresolved at a conciliation process?
What is the time frame to refer arbitration to the CCMA?
Which form should the referring party use to refer a dispute for arbitration?
What notice period must the CCMA give of arbitration meeting?
Can I be represented at the arbitration hearing?
Under what circumstances can the commissioner consider a legal practitioner to represent me?
How long does it take to receive the outcome of the arbitration?
What would I do if I am not satisfied with the award?
What must I do if the employer failed to comply with the award?
What is Con/Arb?
Is it a compulsory process?
Can I object to the process of Con/Arb?
What are its advantages?
What notice must the CCMA give of a Con/Arb meeting?
Is legal representation compulsory at Con/Arb?
What happens if Arbitration does not take place on the same day?
What is conciliation?
Which referral form should the referring party use to refer a dispute for conciliation?
What other information must the referring party attach to the LRA Form 7.11?
What notice must the CCMA give of a conciliation meeting?
Can the CCMA resolve disputes before conciliation meetings?
Who can represent parties at a conciliating meeting?
How long should the CCMA take to resolve a dispute?
What happens if conciliation fail or the 30-day period expire?
Can the CCMA offer to resolve disputes?
Essential and Maintenance Services:
What is an essential service?
What is the origin of the essential services concept?
What is a maintenance service?
Are essential and maintenance services restricted to the public sector or can such services be designated in the private sector?
What is the Essential Services Committee and what are its powers?
Who sits on the Essential Services Committee?
How are ESC members appointed?
How are essential and maintenance services determined?
What parties are entitled to appear before the Committee?
What does an applicant have to prove when it applies to have a service declared essential?
What process(es) does the ESC follow in arriving at a determination?
How does a party submit a referral to have a service determined as an essential or maintenance service?
What is a minimum service?
What is a minimum service agreement?
What are the consequences for parties to a minimum services agreement if the Committee does not ratify the said agreement?
In general terms, what information should be included in a minimum services collective agreement?
How common are minimum service agreements in South Africa?
What are the rights of essential services workers to strike?
Why are essential services workers prohibited from striking?
If essential services workers are prohibited from striking, arenít their constitutional rights violated?
If essential services workers are in dispute over wages and conditions of employment, and their rights to strike are limited, how does their dispute get settled?
Who conducts conciliations and arbitrations in regard of essential service disputes?
Which services have been designated as essential services in South Africa?
Is it possible to challenge a past designation made by the ESC?
Are the services in South Africa different from those determined in other countries?
Where can I get more information about essential and maintenance services?
Facilitation (Section 189A):
What is meant by facilitation?
Which referral form should I use to apply for facilitation process?
When should the CCMA conduct the first facilitation meeting?
How much do I have to pay when requesting facilitation process in terms of section 189A?
Can we strike or refer the matter to the labour court?
What is an 'in limine' hearing?
What is a condonation hearing?
Is legal representation allowed at in limine hearings?
What if I am not happy with the outcome?
What form do I complete?
When do I get the outcome of an in limine hearing?
Pre-dismissal Arbitrations (Disciplinary Enquiries):
What is a pre-dismissal arbitration?
Who can request a pre-dismissal arbitration hearing?
Which form should the employer use to request a pre-dismissal arbitration meeting?
How can the employee consent to the hearing?
How much does the CCMA charge for conducting a pre-dismissal arbitration?
How is the request form submitted to the CCMA?
What notice must the CCMA give of a pre-dismissal arbitration meeting?
Who can represent parties at a pre-dismissal arbitration meeting?
When should the CCMA issue out the pre-dismissal arbitration award?
What legal status does the pre-dismissal arbitration award have?
What is the time frame to apply for rescission?
What is a rescission application?
What are the grounds to apply for rescission?
What is the effect of a rescission ruling?
How do I apply for rescission?
What happens if I am out of time to apply for rescission?
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