What do I do if I have been unfairly dismissed?
Complete a 7.11. Send a copy to the employer by fax, registered mail or hand delivered. Submit the 7.11 together with proof of service to the council.
How long do I have to refer a dispute?
30 days for unfair dismissal
90 days for unfair labour practice
What happens if I refer the matter late?
You have to apply for condonation of the late referral. This condonation must be sent to the employer together with the 7.11. Proof of service, the 7.11 and the condonation form must be submitted to the council.
What happens after I have referred the 7.11?
The council will forward you a notice of set-down for a con-arb.
What happens if the employee (applicant) does not attend the con-arb?
If there is no objection to con-arb the commissioner will dismiss the case at Arbitration.
If there is an objection to con-arb the commissioner will issue a certificate for the matter to be referred to Arbitration.
What happens if the employer (respondent) does not attend the con-arb?
If there is no objection to con-arb the commissioner will proceed to hear the matter and issue a default award.
If there is objection to con-arb the commissioner will issue a certificate for the matter to be referred to Arbitration.
Why must an employer register with the Bargaining Council?
It is a legal requirement in terms of clause 30 of the council’s collective agreement.
Why do I have to pay levies?
Levies help fund the services provided to the industry such as compliance, handling complaints, conciliations and arbitrations.
What happens if a party does not attend Arbitration and has a good reason?
The party may apply for a rescission by completing a rescission application and send a copy to the other party in terms of the council rules. The proof of service and the rescission application must then be submitted to the council.
What is the difference between a conciliation and an arbitration?
A conciliation is the process where parties decide on a settlement, a commissioner will assist in facilitating this process. An arbitration is where under oath parties state their case, submit evidence and question witnesses. The commissioner will then issue an award based on the evidence provided.
What if I am not paid in terms of the council’s collective agreement?
You send a complaint to the council with all the information required for the council to conduct an investigation. A designated agent will try to seek compliance and should this not be successful then the agent will issue a compliance order. If the compliance order is not complied with then the matter will be set down for arbitration.
Must I belong to the council’s Provident Fund?
Yes in terms of clause 33 of the collective agreement.
What happens if the business is sold?
The new employer is automatically substituted in the place of the old employer in respect of all contracts of employment in existence immediately before the date of transfer.
What happens if I resign and the employer refuses to pay what is due to me?
You lodge a complaint with the council.
How to I apply for an exemption?
You ensure that you comply with clause 18 of the collective agreement. Submit all the relevant information together with an Annexure H form. If your application is based on finances ensure that you submit the most recent financial statements.