How and When Do I Refer a Dispute to CMAC?
Prior to the amendments to the Industrial Relations Act in September 2005, a
dispute was reported to the Department of Labour. The Department of Labour
investigated the dispute and then transmitted it to CMAC.
The Industrial Relations Act amendments decreed that initial dispute reporting
and investigating will now be done by CMAC.
1. WHERE DO YOU REPORT A DISPUTE?
- Only at CMAC.
- Reported to the CMAC office in the Region where the dispute first arose.
2. WHERE ARE THE CMAC REPORTING OFFICES?
- Mbabane -Mbabane House,1st Floor
- Manzini – Emfula Centre, Below bus rank
- Siteki – SwaziBank Building
- Nhlangano – SWSC Siyalu Building
- Simunye – Simunye Plaza, Shop No 28A
- Pigg’s Peak – Pigg’s Peak Town Board offices
3. WHAT IS A DISPUTE?
A dispute includes a grievance, a grievance over a practice, and means any dispute over the: Entitlement of any person or group of persons to any benefit under an existing collective agreement, Joint Negotiation Council agreements or Works Council agreements; Existence or non-existence of a collective agreement or Works Council agreement and Joint Negotiation Council agreement; Disciplinary action, dismissal, employment, suspension from employment or re-engagement or reinstatement of any person or group of persons; Recognition of an organization seeking to represent employees in the determination of their terms and conditions of employment; Application or the interpretation of any law relating to employment; or Terms and conditions of employment of any employee or the physical conditions under which such employee may be required to work.
4. WHO CAN REPORT A DISPUTE?
- an employer;
- an employee;
- an applicant for employment;*
- any other organization concerned in the dispute and active in the undertaking, where no organization has been recognized in terms of Section 42. The new Act, however, permits an applicant for employment to report a dispute. The dispute must be for unfair discrimination under the Employment Act, 1980.
5. WHEN SHOULD A DISPUTE BE REPORTED?
- A dispute should be reported no later than 18 months after the event
- No provision for condonation for the late reporting of disputes.
- Parties should therefore be careful not to delay for unreasonably long periods in reporting their disputes to CMAC as this may result in the disputes becoming time barred and out of jurisdiction.
- No application for condonation for late reporting can be made to CMAC.
6. WHAT IS REQUIRED FOR A REPORT OF DISPUTE?
A report of dispute must:-
- Be in writing on the prescribed form (Refer to CMAC Form 1)
- Be signed by the person making the report;
- Specify the parties involved in the dispute;
- Specify the addresses of each of the parties;
- Specify the particulars of all the issues in the dispute stating as precisely as possible their nature and scope; and
- Specify the steps, if any, which have been taken for the settlement of the dispute either in accordance with the a Collective Agreement, a Works Council constitution or other method. It is now a requirement that the report of dispute must be in the “prescribed form”. No other form of report will be accepted by CMAC.
7. CMAC’S REACTION UPON RECEIPT OF A REPORT OF DISPUTE
CMAC will screen and do one of the following:-
- Accept and appoint a Commissioner within 4 days to conciliate;
- Request more information;
- Refer the dispute back to the parties if internal procedures for settling the dispute have not been followed; or
- Reject the report if frivolous, vexatious or time wasting.
8. IF CMAC REQUESTS FURTHER PARTICULARS
- The party who reports the dispute will be required to present the Commission with the requested information. The dispute shall be deemed to have not been reported, until such information is supplied.
- The dispute shall be treated as reported only on the date on which the particulars are supplied.
- WHAT HAPPENS TO THE DISPUTE IF A REPORT IS REJECTED?
Appeal against the CMAC decision may be made to the Industrial Court.
The decision of the Industrial Court is final.