If there is a Bargaining Council which regulates the sector that the parties work in, then the matter must be resolved according to the rules of that Council. Contact the relevant Council to find out what to do if the employee wants to refer the matter to arbitration. In some cases, even though there is a Bargaining Council, the arbitration may be done by the CCMA.

To refer the matter to the CCMA for arbitration:

• Fill in form LRA 7.143.
• Send a copy of the form to the employer, by fax, registered mail or personal delivery.
• Send a copy to the CCMA, by fax, registered mail or personal delivery. Attach proof that you have sent a copy to the employer, for example a fax transmission slip, registered mail slip, or affidavit confirming personal delivery.
• This referral form LRA 7.143 must be sent to the CCMA or the Bargaining Council within 90 days of receiving the certificate from the CCMA indicating that conciliation has not been successful.