For Speedy Dispute Resolution

Dispute Resolution Section

Mbabane, Eswatini

+268 2404 8877/8



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:

  • When a party first approaches CMAC to refer a dispute;
  • When a party returns to CMAC with proof of having served the report of dispute form on the other party;
  • When a report of dispute form is received by any other means, with proof of service on the other party;
  • Any time after the parties have been notified of the date the conciliation is set down for hearing.

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:

  • Amount claimed
  • Nature of dispute
  • High Prospect of settlement


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:

  • A dispute concerning a matter in respect of which CMAC has jurisdiction to conciliate, will exist or the reporting party will have alleged that such dispute exists;
  • At the time of the conciliation the dispute will still exist, i.e. it will not have been settled already or there will be an allegation that it still exists, i.e. that it remains unresolved;
  • An employment relationship will have existed between the parties at the time that the dispute arose (except disputes concerning a failure to re-employ in terms of an agreement; discrimination against job seekers; and disputes to which a union may be a party);
  • All internal grievance procedures will have been exhausted before reporting a dispute.
  • The referring party or a duly authorized representative (permitted to represent that party in terms of the rules) will have referred the dispute to the CMAC and the referral document will have been properly signed;
  • The referral will not have been effected prematurely.
  • The referral will have been effected timeously (within 18 months of the date the dispute arose –IRA Section 76)


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


The Commission Conducts Balloting and Elections in accordance with 64(2)(d)

For Speedy Dispute Resolution