Dispute Resolution - Services

Dispute Resolution

Section 54 of the Labour Relations Act (as amended) (hereinafter “LRA”) gives the Commission for Conciliation, Mediation and Arbitration (the CCMA) the powers to accredit bargaining councils to conduct dispute resolution functions. In this regard, the NBCPSS has been accredited by the CCMA to provide a dispute resolution service to parties falling within the registered scope of the NBCPSS. The dispute resolution service includes the process of attempting to conciliate dispute referred to the NBCPSS in terms of the LRA or any other law and arbitrate it after it remain unresolved. A comprehensive list of disputes that the NBCPSS adjudicates is available on the form 7.11 referral form. The NBCPSS has appointed CCMA accredited commissioners to conciliate and arbitrate disputes. The NBCPSS has adopted the CCMA rules and procedures. The dispute resolution function of NBCPSS is free of charge and employees, unions and employers are entitled to refer disputes to the NBCPSS.

 

Below is a list of disputes that the NBCPSS is not accredited for:

 

The NBCPSS is only accredited to do the following disputes:

Dispute Resolution Roll-out

The dispute resolution of the NBCPSS began on 01 September 2022 with the opening of two regional offices in Limpopo and KwaZulu-Natal. We have since opened offices in other provinces, with only Gauteng province remaining. Below is the expected opening date for Gauteng province:

15 January 2024


Please visit our Contact page for more details.

Compliance and Enforcement

NBCPSS HAS A LEGISLATIVE MANDATE AS PER SECTION 33 and 33A OF THE LRA TO MONITOR AND ENFORCE COMPLIANCE THROUGH:

a) conducting inspections and investigating complaints within the Sector; and
b) issuing compliance orders and referring unresolved matters to arbitration

The enforcement process is a five-pronged approach, that is:

inspections  compliance order  >  arbitration  >  award certification  >  writs of execution

The Enforcement Process

Complaints are also dealt with on a merit basis. The complaints management procedure provides guidance.