Motor Industry Bargaining Council

Dispute Resolution Centre

 

Dispute Resolution Procedure

 

MIBCO has been accredited by the CCMA to resolve most types of labour disputes which occur in our industry and its dispute resolution procedures closely mirror those of the CCMA. To this end it has created the Dispute Resolution Centre (DRC), recognised by the CCMA and managed by qualified accredited full time Commissioners, with offices throughout South Africa.

 

The procedure for the resolution of most labour disputes can be summarised as follows:

 

• A copy of the Referral Form (Form LRA 7.11) must be served on the other party and the DRC within 30 days of a dismissal (or 90 days of an unfair labour practice). Service may be effected by email, fax, registered mail, or by hand.   Proof of service, such as a fax or Post Office slip, must be provided to the DRC.
• Should the dispute be referred outside the 30 or 90-day period, condonation for the late referral needs to be sought. The DRC’s Case Management staff will gladly assist with the necessary forms.
• The DRC will attempt to enrol the dispute for Conciliation or Con/Arb proceedings within 30 days of receipt of the referral.

  

1. oConciliation is an informal meeting aimed solely at arriving at an amicable resolution of the dispute.

 

1. oCon/Arb incorporates a second process, Arbitration, at which the presiding Commissioner will listen to evidence from both parties and issue a final and binding award.

 

• If the dispute was enrolled for Conciliation only and remains unresolved, the Applicant must formally request the DRC to arbitrate. This can be done by serving a copy of the Request for Arbitration Form (Form LRA7.13) on the other party and the DRC.
• The DRC will enrol the dispute for Arbitration and inform the parties accordingly.
• A DRC arbitration award is final and binding and, when certified by the CCMA, can be enforced as if it were an order of the Labour Court. Contact the DRC on how to apply for CCMA certification of the award.

 

Note that disputes relating to Main Collective Agreement infringements, such as underpayments and Provident Fund concerns, must be lodged directly with MIBCO.

 

For cases falling under the jurisdiction of the CCMA please refer to the CCMA Website

 

 

 

DRC Offices:

 

Highveld and Free State Regions

 

 276 Oak Avenue                       P. O. Box 3717

 Randburg                                 Randburg, 2194

 Tel:      (0861) 664 – 226          

 Fax:      (086) 451 – 0526

Email:  This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

 

Western & Eastern Cape Regions

 

Tyger Terraces 3                      P. O. Box 17

 Bellville Business Park             Bellville, 7535

 Mike Pienaar

 Belville

Tel:      (0861) 664 – 226

 Fax:      (086) 521 – 4276

Email:  This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

Northern and Northern Cape Regions

 

1^st Floor, 353 Festival Street   Postnet Suite #215, Private Bag X15

 Hatfield                                   Menlopark, 0102

 Tel:      (0861) 664 – 226

Fax:      086 451 0527

Email:  This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

 

KwaZulu-Natal Region

 

10A Caversham Road                P. O. Box 17263

 Hogart Road Industrial             Congella, 4013

 Pinetown

 Fax:      (0861) 664 – 226

 Fax:      (031) 205 – 6195

 Email:  This email address is being protected from spambots. You need JavaScript enabled to view it.