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Post Info TOPIC: concilliation procedure
Anonymous

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concilliation procedure
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Was recently dismissed via text message, with no procedure followed at all. Applied for arbitration, my former employers lawyer contacted me and asked if we could go for concilliation first which I agreed to. A few days before the concilliation I got a phone call from the commisioner saying that he has spoken to my former employer and that he wants to go straight to arbitration. I recieved the "certificate of outcome of dipute referred to conciliation"  which states that the matter remains unresolved and can be referred to arbitration. My question is: I was not involved in the process at all, the decision was made after a phone call with my ex employer, surely this is not standard procedure? 

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Anonymous

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Hi there,

This constitutes unfair labour practice, please notify the department of labour immediately!! Secondly, all disputes regarding dismissal, depending on the dismissal, before arbitration, has to go before the commissioner of the CCMA before arbitration, only if the issue remains unresolved, the will commissioner will refer the matter to arbitration.
Yes, you are right, conciliation is a process of grievance between you and the employer, therefore no legal representation is allowed!! You should never have been excluded from the process as a whole. Go back to the CCMA and lodge a formal grievance against your employer, the person that you speak to you should explain the entire procedure to you.
follow the link as well as the links under dismissals"
http://www.labourprotect.co.za/unfair_dismissals.htm
good luck


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