Dispute resolution

The Dispute Resolution Function

The Council is empowered by the Labour Relations Act and  accredited by the CCMA to resolve labour disputes arising in the Wood and Paper Industry.  Any employee in the industry may refer a dispute to the Council on any of the following matters  :  unfair dismissals, unfair labour practices, mutual interest and intepretation of collective agreement disputes. The Council will  appoint a commissioner within 30 days to resolve the dispute through conciliation.  If the dispute is not resolved  a certificate of non resolution willl be issued by the commissioner. The applicant may then refer the matter for arbitration within a period of 90 days. The Council will appoint a commissioner to make a final determination on the matter and issue a binding award.

How to make a referral

A dispute may be referred for conciliation/con-arb within 30 days of the dispute arising by submitting a fully completed and signed appplication on form WPS1 ( LRA 7.11). Applicants must ensure that forms are properly completed and served on the respondent party.

A party who has referred a matter for conciliation has 90 days to apply for a matter to be determined in arbitration if a certificate of outcome has been issued or if 30 days have expired since the matter was referred to conciliation. A dispute matter may be referred for arbitration by submitting a fully completed and signed application on form WPS3. (LRA 7.13) within 90 days from the date on which a certificate of non resolution has been issued . WPS 3 Arbitration referral form ( LRA 7.13)

Applications must be submitted within the timeframes set by the LRA and the rules of the Council. All forms must be properly completed and signed by the applicant or his/her trade union representative. A copy of the signed form must be served on the employer. The Council will required proof that the employer has been notified before appointing a commissioner.

DISPUTE RESOLUTION PROCEDURE | 331.03 KB | Downloads 274  

Dispute Resolution Rules

The Council has adopted rules to determine how a dispute will be handled from the time it is referred to the conclusion of the proceedings. These rules are similar to the CCMA rules. These rules outline the requirements and procedures when making referrals, applying for condonation, serving documents, or making an application for recission or enforcement of an award.

NBCWPS Dispute Resolution Rules | 480.11 KB | Downloads 249  

Review & Enforcement of awards

An arbitration award is enforceable. Failure to comply with and award may result in an enforcement order executed by a sherrif of the court. An arbitration award may also be reviewed in the Labour Court. An award may also be rescinded,

Recisions of awards and rulings

Referral Forms

Our Panelists 

The Council has appointed an experienced panel of conciliators and arbitrators to resolve disputes referred to the Council. All panelists are accredited by the CCMA as part-time commissioners and many also do work for other Bargaining Councils. The Council has adopted a code of conduct to guide the behaviour and performance of our panelists. They are expected to behave professionally and with integrity whenever conducting matters on the Council's behalf.

panelists list | 70.6 KB | Downloads 251  

The Council has adopted a panelist code of conduct to guide the behaviour and performance of our panelists. They are expected to behave professionally and with integrity whenever conducting matters on behalf of the Council.

Resources and Links

Awards & Rulings

 

 

 

FAQ

The conciliation process is conducted without prejudice. This means that proceedings may not be disclosed and cannot be used as evidence either in arbitration or the labour court. The LRA grant a commissioner the discretion to manage the process which may involve mediation, fact finding or making recommendations to parties.