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Overall CDR Process

Frequently Asked Questions

In normal cases, the employee or ex-employee refers the dispute to the CDR by completing the referral form (LRA Form 7.11). This form is available from any MEIBC office and can also be obtained by telephoning the CDR to email or fax a form. Please note that if the case referred is an alleged unfair dismissal in terms of section 191(1) of the LRA, the dispute must be referred to the CDR within 30 days of the date of a dismissal.

The form is in English and needs to be completed in English. If help is required, the nearest CDR (MEIBC) office can assist in person or by phone. After completing the referral form, a copy should be sent to the other party. The applicant must ensure proof of receipt, such as a signature, fax slip, or registered letter slip.

How can a party prove that a document was served?

The form and proof of service must be sent to the nearest CDR (MEIBC) office by hand, fax, or registered mail. The CDR cannot be responsible if it’s sent by normal post. If the applicant is not represented by a union and lacks fax or postal access, the form MUST be delivered by hand.

The CDR will provide a case number, and the applicant must call the CDR for the date and details of the conciliation hearing. This referral form is essential to initiate conciliation if the CDR has jurisdiction.

Screening Process

Once the CDR has received the referral form, it checks if all necessary information is provided. The possible statuses after screening are:

  • Clean case: All information is provided, and the case is ready for scheduling.
  • Out of jurisdiction: The CDR lacks jurisdiction, and parties are advised on appropriate alternatives.
  • Jurisdiction unclear: The case is scheduled, with the employer party responsible for jurisdiction arguments.
  • Defective referral: Missing information; the referring party will be asked to supply it within a time frame, or the case will be closed.
  • Condonation required: If out of time, the applicant must apply for condonation to proceed.

Note: The CDR cannot process a defective referral until all required information is provided.

Notices to the Parties and Correspondence

All parties receive written notices for each process. Urgent cases may have shorter notice if agreed. Each correspondence includes a "case number," which applicants should record for future reference.

If an applicant lacks a postal address, fax, or email, they’ll be notified by phone, recorded in the file as proof. The CDR keeps records of all correspondence, and applicants must serve all documents sent to the CDR on other parties to the dispute.

The Conciliation Process

Conciliation is where an MEIBC conciliator assists disputing parties in reaching a consensual agreement. If no agreement is reached, the conciliator tries to narrow down the issues. Non-attendance by either party results in:

  • Rights dispute: A certificate of non-resolution is issued, requiring the applicant to apply for arbitration.
  • Mutual interest dispute: The conciliation period is extended by 30 days.

After conciliation, an MEIBC commissioner issues a conciliation certificate indicating the case number, parties, type of dispute, outcome, and next steps.

The Arbitration Process

MEIBC commissioners guide parties through arbitration, ensuring they understand the process. Proceedings are recorded, and either party may request subpoenas for witnesses or documents. Non-attendance by either party may result in default awards or dismissal of the matter.

How to postpone arbitration?

Arbitration can be postponed if both parties agree in writing and submit this agreement to the Council at least seven (7) days prior to the arbitration date.

The Con-Arb Process

Con-arb combines conciliation and arbitration. The Council must notify parties of a con-arb hearing at least fourteen (14) days in advance, and parties may object at least seven (7) days before, except in certain cases.

How to request an Inquiry in terms of section 188A of the LRA?

Employers can request an inquiry by submitting a completed LRA Form 7.19, with the employee’s consent unless the employment contract or collective agreement includes this inquiry. The pre-dismissal arbitration process is a final, binding process with specific requirements.