Processes - 2

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.

9. 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.