Where There Is No Bargaining Council

If it is a dispute about enforcing a right under the Basic Conditions of Employment Act (BCEA), a Sectoral Determination or a Wage Determination or the occupational Health and Safety Act, then a complaint can be sent to the Department of Labour.

The complaint can include a request for a ‘compliance order’ which is issued by an inspector of the Department.

(See: Enforcement of the BCEA; Enforcement of a Workplace-Based Collective Agreement; Enforcement of a Sectoral Determination; Enforcement of the OHSA)

If it is a matter of enforcing a right or a dispute of rights under the Labour Relations Act (LRA) (for example, an alleged unfair dismissal) where no bargaining council exists in that sector then the matter should be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) for conciliation. If the dispute concerns a dismissal, it must be referred within 30 days of the date of dismissal.

If it concerns an Unfair Labour Practice, then the dispute must be referred within 90 days of the alleged unfair practice occurring.

(See: Solving Disputes Under the LRA)

If conciliation fails then refer the dispute to arbitration within 90 days of receiving the certificate of failed conciliation from the CCMA. The CCMA will hear disputes over a BCEA issue if it is related to a matter which is being arbitrated by the CCMA (for example, a claim of unfair dismissal is before the CCMA together with a claim for unpaid leave pay).

Where There Is a Bargaining Council

If it is a dispute of rights under a Bargaining Council Agreement then the problem should be referred to the Bargaining Council for enforcement or conciliation. If conciliation fails then refer the dispute to arbitration within 90 days of receiving the certificate of failed conciliation from the Bargaining Council.