Get Objection To Con Arb Template

To refer a dispute to the CCMA or Bargaining Council, a referral form, also known as an LRA 7.11 form, must be completed and filed on the opposing party in terms of Rule 10 of the CCMA Rules. A general misconception is that only dismissed employees can initiate disputes and refer cases to the CCMA.

This form enables a person or organisation to refer a dispute to the CCMA for conciliation and con-arb. WHO FILLS IN THIS FORM? Employer, employee, trade union or employers' organisation.

To win arbitration, you need to: Prove you have been dismissed, only if that is in dispute; ... Once the dismissal is proven the proceedings will turn to the employer to prove the fairness of the dismissal. All the employee needs to do is:

A 7.13 referral form, also referred to as a request for arbitration, is a document that needs to be completed by the referring party wherein it is requested that the dispute be resolved by the CCMA or Bargaining Council by way of arbitration.

Disputes the CCMA will not adjudicate Disputes over the non-payment of salaries (below a certain threshold). ... Disputes covered by Collective Agreements, Bargaining Councils, or private dispute resolution bodies. Disputes involving “independent contractors” (who are not considered employees under the Act).

To win arbitration, you need to: Prove you have been dismissed, only if that is in dispute; ... Once the dismissal is proven the proceedings will turn to the employer to prove the fairness of the dismissal. All the employee needs to do is:

Section 1 - DETAILS OF PARTY REFERRING DISPUTE: you will fill in your personal details as the referring party. ... Section 2 - DETAILS OF THE OTHER PARTY: you need to fill in the details of your employer or the employer's organisation if you know it.

The CCMA or a bargaining council will automatically schedule a dispute relating to dismissal for reasons relating to probation for con-arb (conciliation followed by arbitration in the event that the matter is not settled during the conciliation part). Parties cannot object to con-arb process in probation cases.