Frequently Asked Questions

1. What would I do if the dispute remains unresolved at a conciliation process?

You may request the CCMA to resolve the dispute by arbitration. At an arbitration hearing both parties would be given the opportunity to fully state their side of cases where the commissioner would issue an award which is legally binding on both parties.

2. What is the time frame to refer arbitration to the CCMA?

According to s136 (1) (b), a party must request the commission to arbitrate a dispute within 90 days from the date on which the commission has issued the certificate that the dispute has not been resolved.

3. Which form should the referring party use to refer a dispute for arbitration?

Rule 18 of the CCMA Rules stipulates that a party must use the LRA form 7.13 to refer a dispute for arbitration.

4. What notice period must the CCMA give of arbitration meeting?

Rule 21 of the CCMA Rules provides that the commission must give the parties at least 21 days notice, in writing, of an arbitration hearing, unless the parties agree to a shorter period.

5. Can I be represented at the arbitration hearing?

Rule 25 of the CCMA Rules provides that in an arbitration hearing a party may appear in person or be represented by a legal practitioner, a director or fellow employee, office- bearer or official of the party's registered trade union or registered employer's organisation. However, if the dispute being arbitrated is about the fairness of a dismissal and a party has alleged that the reason for the dismissal relates to the employee's conduct or capacity, legal representation is not automatic. Legal practitioners are only allowed in the proceedings unless:

> The commissioner and all other parties consent; or
> The commissioner concludes that it is unreasonable to expect a party to deal with the dispute without legal representative.

6. Under what circumstances can the commissioner consider a legal practitioner to represent me?

The commissioner should consider the following:

> The nature of the questions of law raised by the dispute,
> The public interest,
> The complexity of the dispute, and
> The comparative ability of the opposing parties or their representatives to deal with the dispute.

7. How long does it take to receive the outcome of the arbitration?

Section 138 (7) provides that an arbitration award must be issued within fourteen days of the conclusion of the proceedings. The director may extend this period on good cause shown.

8. What would I do if I am not satisfied with the award?

Section 145 of the LRA states that any party to the dispute who alleges a defect in any arbitration proceedings may apply to the Labour Court within six weeks for an order setting aside the award. The Labour Court may stay the enforcement of the award pending its decision.

9. What must I do if the employer failed to comply with the award?

An employee may enforce the award as if it was an order of the Labour Court if the director has certified it.

1. What is Con/Arb?

It is a one-stop process where Conciliation and Arbitration takes place on the same day. Section 191 (5A) makes provision for this.

2. Is it a compulsory process?

In terms of s 191 (5A) the process is compulsory for dismissal and unfair labour practice disputes relating to probation.

3. Can I object to the process of Con/Arb?

If the dispute is one in which Con/Arb is not compulsory, any party to the dispute may object to the process by giving notice to the CCMA and the other party, at least 7 days prior to the scheduled date (Rule 17). Parties have no legal obligation to provide reasons for the objection.

4. What are its advantages?

Con/Arb promotes the principle of speedy resolution of disputes in that the matter is finalised in one day. It is cheaper than the separate Conciliation and Arbitration process, with regards to costs that may be incurred by the parties.

5. What notice must the CCMA give of a Con/Arb meeting?

The CCMA must give parties at least 14 days notice in writing.

6. Is legal representation compulsory at Con/Arb?

According to Rule 17 (6) in a Con/Arb process a party may be represented by a legal practitioner; a director or employee of that party or a trade union official. If the dispute concerns an alleged unfair dismissal relating to conduct or capacity, legal representation is not automatic (Rule 17 (7))

7. What happens if Arbitration does not take place on the same day?

If there is an objection to Con/Arb and the matter remains unresolved, a certificate of non-resolution will be issued. The applicant must then apply for arbitration. This fact was confirmed in the leading case of Ceramic Industries Ltd v CCMA & Another (2005) 12 BLLR 1235 (LC), where it was held that if a party objects to Con/Arb the whole process is then switched to the old regime.

1. What is conciliation?

A process where a commissioner meets with the parties in dispute, and explores ways to settle the dispute by agreement (Section 133 of the LRA).

2. Which referral form should the referring party use to refer a dispute for conciliation?

LRA Form 7.11.

3. What other information must the referring party attach to the LRA Form 7.11?

According to Rule 10 (2)(b), a written proof that the referring form was served on the other party to the dispute must be attached to the form. If the referral form is filled out of time, attach an application for condonation.

4. What notice must the CCMA give of a conciliation meeting?

The CCMA must give parties at least 14 days notice in writing of a conciliation hearing, unless the parties agree to a shorter period.

5. Can the CCMA resolve disputes before conciliation meetings?

Yes. Rule 12 states that the CCMA may contact parties telephonically or other means, prior to the commencement of the conciliation, in order to seek to resolve the dispute.

6. Who can represent parties at a conciliating meeting?

A party may appear in person, or be represented by a director or employee of that party or any member, office bearer or official of that party’s registered trade union or registered employer’s organisation.

7. How long should the CCMA take to resolve a dispute?

The appointed commissioner must attempt to resolve the dispute through conciliation within 30 days of the date the CCMA received the referral form. However, parties may agree to extend the 30 day period.

8. What happens if conciliation fails or the 30-day period expires?

The commissioner must issue a certificate stating whether or not the dispute has been resolved. The commission must serve a copy of that certificate on each party to the dispute and the CCMA.

9. Can the CCMA offer to resolve disputes?

If the CCMA is aware of a dispute that has not been referred to it, and if resolution of the dispute would be in the public interest, the CCMA may offer to resolve the dispute through conciliation. The parties to the dispute must consent to the offer (section 150 of the LRA).

1. In general terms, what information should be included in a minimum services collective agreement?

In the past the Committee has declined to ratify minimum services agreements for various procedural/administrative and substantive reasons including:
· Agreements were not affixed to the LRA 4.8 form

· All pages of the agreement were not initialled

· The text was neither clear nor readable

· Agreements included employees employed in services not designated as essential

· Original agreements were not submitted

· Agreements were concluded for indefinite periods

· Specific essential services were not specified

· Total staff complements were not specified

· The number of employees engaged in the essential services was not specified

· Actual numbers were not used and the use of percentages was not acceptable

Minimum services agreements should have the following characteristics:
· The agreement must be affixed to a LRA 4.8 form

· The agreement must be clear and unambiguous

· The original agreement must be submitted to the ESC

· Each page of the agreement must be initialled

· Agreement must be signed in full

· Agreements must be for a specific/definite period

· Only designated services must be dealt with.

2. How common are minimum service agreements in South Africa?

To date very few minimum service agreement have been ratified by the Committee.
Where a party wants to conclude a minimum service agreement, it is entitled to make a proposal to the other party(ies). Where it does so, and where negotiations fail, a party may refer a dispute to conciliation and failing settlement, to interest arbitration.

Despite this mechanism being available through the Act, and despite complaints by unions about the reluctance of employers to engage in negotiations about minimum services, use of the procedure described above has not been exercised.

3. What are the rights of essential services workers to strike?

The Labour Relations Act recognises the constitutional right to strike but subjects the right to a number of limitations. Among those limitations is one which provides that no person may take part in a strike if that person is engaged in an essential service.
Because the right to strike is so important, a limitation of these kind needs to be justified and, to be justified it needs, among other things, to be limited. The Labour Relations Act provides the balance between this limitation and the right to strike.

4. Why are essential services workers prohibited from striking?

Whereas the right to strike is so important, there is an equally important need to balance the right to strike with other fundamental rights such as those to relating to health care, food, water and social security which are also enshrined in the Bill of Rights.

5. If essential services workers are prohibited from striking, aren't their constitutional rights violated?

The essential services limitation on the right to strike in the Labour Relations Act has not been subject to constitutional challenge and in the view of many experts; it is unlikely that it will be.
The Constitution permits rights in the Bill of Rights to be limited in terms of laws of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom.

6. 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?

In terms of section 74 a party engaged in an essential service (and consequentially prohibited from striking) must refer its dispute to conciliation at the relevant bargaining council or CCMA. If the conciliation fails then it must be referred to arbitration.
There are special provisions regarding the implementation of arbitration awards in essential services in the public sector given that such awards would have financial implications for the state. Such awards only become binding 14 days after the date of the award, unless a Minister has tabled the award in Parliament in that period. If Parliament resolves that the award is not binding within 14 days of the date that it is tabled, then the award is not binding and the dispute is referred back to the CCMA for further conciliation, and if that fails, to arbitration again.

The LRA is not explicitly clear about whether or not the second arbitration ruling is binding on the state, or, whether that award may again be tabled in Parliament and resolved to be non-binding prompting the whole circular process to begin again.

7. Who conducts conciliations and arbitrations in regard of essential service disputes?

In terms of section 74 of the Labour Relations Act, any party to a dispute in an essential service must refer the dispute the bargaining council which covers the sector in question or to the CCMA where no bargaining council exists.
The council or CCMA will appoint the conciliator and/or arbitrator to deal with the dispute.

8. Which services have been designated as essential services in South Africa?

The Committee has over the past fifteen years carried out its mandate and it has, after due notice and public investigation, designated a large number of services as essential services. These are:
I. Municipal traffic services and policing.

II. Municipal health.

III. Municipal security.

IV. The supply and distribution of water.

V. The security services of the Department of Water Affairs and Forestry.

VI. The generation, transmission and distribution of power.

VII. Fire fighting.

VIII. The payment of social pensions one month after they fall due.

IX. The services required for the functioning of Courts.

X. Correctional services.

XI. Blood transfusion services provided by the South African Blood Transfusion Service.

XII. The following services in the public sector:
a. Emergency health services and the provision of emergency health facilities to the community or part thereof;

b. Nursing;

c. Medical and paramedical services; and

d. The following services which support the services referred to in a – c above
i. catering;

ii. medical records;

iii. security;

iv. porter and reception;

v. pharmaceutical and dispensary;

vi. medicine quality control laboratory;

vii. forensics;

viii. laundry work;

ix. clinical engineering;

x. hospital engineering;

xi. waste removal;

xii. mortuary services; and

xiii. pest control.

XIII. The Eastern Province Blood Transfusion Service.

XIV. The Western Province Blood Transfusion Service.

XV. The Natal Blood Transfusion Service.

XVI. The Northern Blood Transfusion Service.

XVII. The Border Blood Transfusion Service.

XVIII. The South African National Blood Service.

XIX. The whole of the services provided by old age homes registered in terms of the National Welfare Act.

XX. The whole of the services provided by children’s homes and places of care in terms of Section 30 of the Child Care Act of 1983.

XXI. Computer services provided or supported by the Central Computer Service of the Department of State Expenditure:
a. The Persal system;

b. The social pension system;

c. The hospital systems;

d. The flood control system.

XXII. The regulation and control of air traffic.

XXIII. The weather bureau of the Department of Environmental Affairs and Tourism.

XXIV. The following services provided at all airports in South Africa:
a. All electrical services;

b. All safety services;

c. All security services.

XXV. Immigration officers grade 8 and above.

XXVI. The following parts of sanitation services:
a. The maintenance and operation of water borne sewerage systems, including pumping stations and the control of discharge of industrial effluent into the system;

b. The maintenance and operation of sewerage purification works;

c. The collection of refuse of an organic nature;

d. The collection of infectious refuse from medical and veterinary hospitals or practices;

e. The collection and disposal of refuse at a disposal site;

f. The collection of refuse left uncollected for fourteen (14) days or longer, including domestic refuse and refuse on public roads and open spaces.

XXVII. The following services provided by the private sector which are funded by the public sector:
a. Emergency health services and the provision of emergency health facilities to the community or part thereof;

b. Nursing;

c. Medical and paramedical services;

d. The following services in support of the services referred to in paragraph 27.1 – 27.3 above:
i. boiler; and

ii. water purification.

XXVIII. The following services provided by nursing homes which are registered as welfare organisations in terms of the National Welfare Act, 1978, to patients in need of moderate (level 2) and maximum (level 3) care:
a. Emergency health services and the provision of emergency health facilities;

b. Nursing; and

c. Medical and paramedical services; and.

d. The following services in support of the services referred to in paragraph 28.1 – 28.3 above:
i. physiotherapy;

ii. dispensary;

iii. catering;

iv. laundry;

v. boiler;

vi. transport; and

vii. security.

XXIX. The following services provided by the following civilian personnel in the Department of Defence to support the South African National Defence Force:
a. The Secretariat for Defence;

b. The intelligence division;

c. The finance division;

d. The parachute seamstresses of the South African Army;

e. The parachute packing operators of the South African Army;

f. The military intelligence functionaries of the South African Army;

g. The store man in the South African Navy;

h. The provisioning officers and clerks in the South African Navy;

i. The technical personnel in the South African Navy;

j. The tugboat personnel in the South African Navy;

k. The surveyors in the South African Navy;

l. The South African medical service;

m. Those serving in military posts in the South African National Defence Force;

n. The cryptographers in the South African National Defence Force; and

o. The maintenance services in the South African National Defence Force.

All the services designated by the ESC as essential services have been the subject of notices in the Government Gazette[1].

9. Is it possible to challenge past a designation made by the ESC?

Yes. Section 71(9) of the LRA provides that the Committee may vary or cancel the designation of the whole or a part of a service as an essential service.
The process for doing so is provided for in subsection 71(1) to 71(8) of the LRA.

10. Are the services in South Africa different from those determined in other countries?

Although practices may vary from one country to another there is generally a high level of consistency in the nature and form of sectors that have been determined as essential services.

In considering international practices it is pertinent to consider the thoughts of the ILO in regard of essential services.The ILO has adopted a series of conventions, recommendations and resolutions which form the international basis of the principles governing the right to strike in essential services and despite some confusing terminology, the ILO’s supervisory bodies have found that the right to strike may only be restricted or prohibited in the following cases:
- in the public service for public servants exercising authority in the name of the State;

- in essential services in the strict sense of the term (that is, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population); or

- in the event of an acute national emergency and for a limited period of time.

In interpreting these restrictions the ILO’s Committee on Freedom of Association has pointed out that what is meant by essential services in the strict sense of the term “depends to a large extent on the particular circumstances prevailing in a country” and that “a non-essential service may become essential if a strike lasts beyond a certain time or extends beyond a certain scope, thus endangering the life, personal safety or health of the whole or part of the population”.

The Committee on Freedom of Association has given its opinion in a general manner on the essential or non-essential nature of specific services and services considered by the Committee as being essential include: the hospital sector; electricity services; water supply services; the telephone service; and air traffic control.

In contrast, services that are considered to not be essential include: the mining sector; radio and television; transport generally; the petroleum sector; ports(loading and unloading); refrigeration enterprises; hotel services; banking; construction; computer services for the collection of excise duties and taxes; automobile manufacturing; aircraft repairs; department stores; agricultural activities; pleasure parks; the supply and distribution of foodstuffs; the metal sector; the Mint; the education sector; the government printing service; metropolitan transport; postal services; and the state alcohol, salt and tobacco monopolies.

In reviewing the services listed above it is important to note that the examples do not represent an exhaustive list of essential services. The Committee on Freedom of Association has not referred to more services because its opinion is dependent on the nature and context of the specific situations it has to examine and because complaints are not frequently submitted regarding the prohibition of strikes in essential services. It is equally important to note that those services that have been determined as essential services in South Africa are largely consistent with those recognised by the ILO.

11. Where can I get more information about essential and maintenance services?

Requests for more information can be directed to:
The Chairperson

Essential Services Committe

Private Bag X94

Marshalltown

2107

Alternatively telephonic queries can be made to the secretary of the Committee at (011) 377- 6643.

12. What is an essential service?

An essential service is defined in section 213 of the Labour Relations Act. In terms of this section a service is deemed as an essential service if can be shown that an interruption of that service would:
“endanger the life, personal safety or health of the whole or any part of the population”

Moreover, it would have to be established that a clear and imminent threat to the life, personal safety or health of the whole or part of the population existed.

In terms of section 71(10) of the LRA the parliamentary service and the SAPS are deemed to have been designated as essential services in terms of section 71. In addition to these, a number of other services have been determined as essential by the Essential Services Committee (see question 23 below)

13. What is the origin of the essential services concept?

The concept of an essential service is not a locally developed concept. Essential services are recognised in most countries in which the right to strike is recognised.

14. What is a maintenance service?

A maintenance service is defined in section 213 of the Labour Relations Act. In terms of this section a service is deemed as a maintenance service if:
“…… the interruption of that service has the effect of material physical destruction to any working area, plant or machinery”.

15. Are essential and maintenance services restricted to the public sector or can such services be designated in the private sector?

The Labour Relations Act does not distinguish between the public and private sectors in regard of essential and maintenance services. Accordingly such services could exist in both the public and privates sectors. International experience however suggests that such services (and essential services even more particularly) are found mainly in the public sector. Local experience suggests the same with the majority of currently designated services being in the public sector (see question 23). However, there has been an increase in referrals to the Essential Services Committee from private sector employers in the more recent past.

16. What is the Essential Services Committee and what are its powers?

The Essential Services Committee is established in terms of Section 70 of the Labour Relations Act.In terms of this section the functions of the Committee are:
– To conduct investigations as to whether or not the whole or part of any services is an essential service, and then to decide whether or not to designate the whole or part of that service as an essential service.

– To determine disputes as to whether or not the whole or a part of any service is an essential service, and

– To determine whether or not the whole or a part of any services is a maintenance service.

17. Who sits on the Essential Services Committee?

The Committee consists of members nominated by organised labour and organised business.

18. How Are ESC members appointed?

Based on the nominations of organised labour and business, and the recommendations of NEDLAC, members are appointed for a three year period by the Minister of Labour. The Minister of Labour appoints a member of the committee as the chairperson of the Committee.

19. How are essential and maintenance services determined?

Essential and maintenance services are determined by the Essential Services Committee (See question 5 above).
The Labour Relations Act ensures transparency by stating that any interested party may inspect or obtain a copy of any representations made to the Committee once it has paid the prescribed fee. It also requires that oral representations must be made in public.

Once a service or part of a service has been designated as essential a notice to that effect must be published in the Government Gazette. Notably neither refusals to designate a service or part of a service essential nor ratifications of minimum service agreements need to be published. In addition, the Committee is not obliged to publish its reasons for its decisions.

Where a service has been designated as a maintenance service, the Committee is not required to place a notice to that effect in the Government Gazette.

20. What parties are entitled to appear before the Committee?

As indicated in question 8 above a notice in the Government Gazette must invite interested parties to submit written representations and to state whether or not they require the opportunity to make oral representations. The Act does not define interested party which means that the process is open to any organisation or individual that has an interest in the matter.
For example, in the case of health care, interested parties could include (but not be limited to) employers, trade unions, members of the population, professional organisations representing doctors and nurses etc.

21. What does an applicant have to prove when it applies to have a service declare essential?

Our law requires essential services to be restrictively interpreted. This means that:
§ It is the service which is essential, not the industry or the institution within which the service falls;

§ Only those employees who are truly performing an essential service, may be prohibited from striking; and

§ Essential and non-essential service workers may be found working side by side in the same institution.

§ Before the ESC can designate any service as essential, it must be satisfied that:

o It is a service, or part thereof, that is essential. It is not employees, or a business or industry that is essential.

o There must be an interruption, irrespective of whether it is partial or complete. If industrial action is unlikely to interrupt the service, or if the interruption can be avoided (for example by using replacement labour), the service will not be designated as an essential service);

o The interruption of the service must endanger life, personal safety or health. Endanger means “putting at risk”, “imperil” or “jeopardize”. This implies that the conditions prevailing at the time that the designation is made, must be considered, and not the circumstances that may occur at some future stage.

o The endangerment must impact on the population, being human beings.

22. What process(es) does the ESC follow in arriving at a determination?

The functioning of the Committee has in the past been largely reactive insofar as it has responded to referrals that have been submitted by either advising that it has little prospect of success or by conducting an investigation.
More recently the Committee has sought to take a more proactive approach and to facilitate discussions between the parties most directly affected by the referral. For example, where an employer has submitted a referral and a union has indicated its intention to oppose the referral, the Committee has attempted to engage with the parties in an attempt to help them conclude a collective agreement relating to the rights of workers to engage in strike action. This approach is largely consistent with principles relating to self regulation which underpin the Labour Relations Act.

23. How does a party submit a referral to have a service determined as an essential or maintenance service?

Any party seeking to be determined as an essential or maintenance service should submit a referral on the prescribed forms i.e. LRA Form 4.2 for essential services and Form LRA 4.3 for maintenance services.
These can be downloaded from the CCMA website: www.ccma.org.za

Once completed the form should be sent to:

The Chairperson Essential Services Committe Private Bag X94 Marshalltown 2107

24. What is a minimum service?

The Labour Relations Act does not define minimum service. However, it is evident that section 72 has in mind the option of a minimum service within a designated essential service. In other words, the scope of the designated essential service is ‘shrunk’ to provide for a reduced number of employees to provide an ongoing minimum service. Thus a ‘reduced’ number of employees is required to continue working during a strike to ensure that the service that is normally provided, does not cease entirely.

25. What is a minimum service agreement?

Section 72 of the Labour Relations Act provides for minimum service agreements. These provide for parties to conclude collective agreements which provide for some employees to continue working during a strike.
The Act requires such agreements to be ratified by the Committee.

The primary purpose of the process of ratification is to ensure that the public’s interest in obtaining the services is met. A workable collective agreement is required that ensures that the basic needs of the public are met so that the interruption of work as a result of a strike does not endanger the life, personal safety or health of the whole or any part of the population.

26. What are the consequences for parties to a minimum services agreement if the Committee does to ratify the said agreement?

Section 72 of the LRA gives the Committee discretion on whether or not to ratify a minimum services agreement. In doing so the Committee must ensure that broader public interests are taken account of and that the minimum service agreement does not negate the determination of the service as an essential service. Simply put, are the safety, health and lives of people put at risk as a consequence of a minimum service agreement being ratified.
Only when the agreement is ratified by the Committee are the agreed to minimum services regarded as an essential service.

Consequently, if an agreement is not ratified, then the agreement has no force and effect and the services that were designated as essential remains intact.

1. What is meant by facilitation?

Facilitation is the process that is conducted by the CCMA when the employer intends retrenching large scale of its employees.

2. Which referral form should I use to apply for the facilitation process?

The party must use the LRA 7.20 form.

3. When should the CCMA conduct the first facilitation meeting?

Regulation 2 of the conduct of facilitations in terms of section 189A provides that the Commission must notify the parties in writing no later than seven days of receiving the LRA 7.20 form. The following should be included in the notification:
The name of the facilitator; and
After consulting the parties, the date of the first facilitation meeting.

4. How much do I have to pay when requesting facilitation process in terms of section 189A?

There are no fees regulated as yet, however, subsection 6 (c) of section 189A stipulates that the Minister may, after consulting with the Commission and NEDLAC make regulation relating to the circumstances in which the Commission may charge for appointing the facilitator.

5. Can we strike or refer the matter to the labour court?

According to section 189A (7) (b) if a facilitator is appointed and 60 days have elapsed from the date on which the notice was given, a registered trade union or the employees who have received the notice for dismissal may either:
I. Give the notice of a strike in terms of section 64 (1) (b) or (d), or

II. Refer a dispute the fairness of a dismissal to the Labour Court.

1. What is a pre-dismissal arbitration?

A process that takes the form of a disciplinary enquiry and subsequent proceedings, which are heard by the CCMA.

2. Who can request a pre-dismissal arbitration hearing?

According to section 188A of the LRA, an employer may by agreement with the employee request the CCMA to conduct an arbitration hearing if it relates to the conduct or capacity of that employee. The employer is responsible for the payment of the prescribed fee for requesting a pre-dismissal arbitration hearing.

3. Which form should the employer use to request a pre-dismissal arbitration meeting?

LRA Form 7.19.

4. How can the employee consent to the hearing?

The employee must sign the request form to show that he/she has agreed to the process. The consent can also form part of an employment contract.

5. How much does the CCMA charge for conducting a pre-dismissal arbitration?

Resolving a dispute by pre-dismissal arbitration costs R3 000,00 per day.

6. How is the request form submitted to the CCMA?

The employer must submit the form to the CCMA by hand delivery, registered mail or by fax. The employer must give the employee a copy of the form.

7. What notice must the CCMA give of a pre-dismissal arbitration meeting?

Within 21 days of receiving the form and proof of payment, the CCMA must give 14 days notice of the hearing date to both parties. Fees will be refunded if the CCMA is notified that the matter has been resolved before scheduling the hearing.

8. Who can represent parties at a pre-dismissal arbitration meeting?

According to section 188A(5) of the LRA, parties may appear in person or be represented by a co-employee, or a director or employee (if the party is a jurisdiction person), any member, office bearer or official of the party’s registered trade union or registered employers’ organisation, or a legal practitioner (only by agreement between the parties).

9. When should the CCMA issue out the pre-dismissal arbitration award?

The arbitrator must furnish a pre-dismissal award within 14 days after the hearing. A copy must be served on each party. The director of the CCMA may extend the period on good cause shown.

10. What legal status does the pre-dismissal arbitration award have?

It is final and binding on both parties and it may be made an order of court. The Labour Court may only review the award.

1. What is the time frame to apply for rescission?

An application for the rescission of an award or ruling must be made within 14 days of the date on which the applicant became aware of:

-> the award or ruling,
-> a mistake common to the parties

2. What is a rescission application?

It is an application to have an arbitration award or ruling overturned or annulled. The ruling or award may be rescinded on the commissioner's own accord or, on application by any affected party.

3. What are the grounds to apply for rescission?

If the award or ruling was erroneously made in the absence of any party,
If there is an ambiguity or an obvious error, but only to the extent of that ambiguity or error, and
If the award or ruling was granted as a result of a mistake common to the parties.