For Speedy Dispute Resolution
A pre-conciliation is a process during which an attempt is made to resolve a dispute before scheduling a conciliation hearing. The pre-con process may be conducted anytime including:
There are no limits to the nature of the dispute that may be subjected to the pre-con process. However, it is recommended that the process will only be utilised in respect of simple disputes with possibility of settlement involving single employees. The following factors will be considered in determining whether or not a dispute can be pre-conciliated upon:
Conciliation is a process in which a person independent of the parties attempts to assist them resolve a dispute. It is conducted in accordance with section 81 of the Industrial Relations Act 2000 (as amended) as well as guidelines.
Any party to a dispute who is precluded from participating in a strike or lockout by reason that he/she is engaged in an essential service may report a dispute in writing at CMAC in accordance with section 96 of the Industrial Relations Act 2000(as amended).
The jurisdictional prerequisites to be met before a dispute may be conciliated are as follows:
An Arbitration is a process for resolving a dispute in which a person independent of the parties determines the dispute for them. The process involves a hearing at which the parties present evidence and argument, and the arbitrator ‘s decision is provided with reasons in a written award.
An arbitration award has the same force and effects as a judgment or order of the industrial court and is enforceable in the same manner. It is final and binding on the parties, subject to the right to institute review proceedings in the High Court.
Any arbitration must be conducted in accordance with the rules promulgated by CMAC under section 64 of the Industrial Relations Act 2000 (as amended), as well as the guidelines
See Dispute Prevention Manual
5. BALLOTING AND ELECTIONS
The Commission Conducts Balloting and Elections in accordance with 64(2)(d)