Referring a Dispute to the Drc for Conciliation

REFERRING A DISPUTE TO THE DRC : CON-ARB AGREEMENT ENFORCEMENT

IMPORTANT NOTICE:

The attention of the parties are specifically referred to the addendum attached hereto. Parties are required to acquaint themselves full with the content thereof as parties will be strictly held thereto.

Parties are also advised to acquaint themselves with the Rules of the DRC as they regulate the proceedings and conduct of the DRC. The Rules may be viewed at any of the DRC’s offices.

READ THIS FIRST:

WHAT IS THE PURPOSE OF THIS FORM?

This form enables a person or organisation to refer a dispute emanating from the Main Agreement to the DRC for con-arb.

WHO FILLS IN THIS FORM?

Employer, employee, union or employers’ organisation.

WHERE DOES THIS FORM GO?

The office of the Provincial Commissioner of the DRC in the province where the dispute arose.

WHAT WILL HAPPEN WHEN THIS FORM IS SUBMITTED?

When you refer the dispute to the DRC, it will appoint a Commissioner who must attempt to resolve the dispute and if not successful, proceed with arbitration immediately thereafter.

FURTHER INSTRUCTIONS

A copy of this form must be served on the other party.

Proof that a copy of this form has been served on the other party must be supplied by attaching:

A copy of a registered slip from the Post Office;
A copy of a signed receipt if hand delivered;
A signed statement confirming service by the person delivering the form;
A copy of a fax confirmation slip;

Any other satisfactory proof of service.

1.DETAILS OF PARTY REFERRING THE DISPUTE (e.g. 1st Applicant)

Name:...... …………………………………...…

Postal Address:...... ………...... ……..………..

...... …...... ……….. Postal Code: …………......

Tel:...... ………...... Cell: ...... ……………………………......

Fax:...... …… E-mail: ...... ………………………….

MORE THAN ONE PARTY

If more than one party is referring the dispute of if there are additional applicants, list details of aforesaid party and/or applicants below. If space does not allow please attach particulars on a separate page and attach to this form.

NAME

ADDRESS

PHONE NUMBER

2.DETAILS OF THE OTHER PARTY (RESPONDENT)

Name:...... ………...... ……

Postal Address:...... ……………...... …….

...... ……………………….. Postal Code: ……………......

Tel:...... …...….. Cell: ..……………………......

Fax:...... ……… E-mail: …………………......

3.ISSUE(S) IN DISPUTE (This section must be completed)

NOTE:1.Amount to be defined, due and payable

Date and/or period of contravention to be stipulated

The provisions of the Motor Industry Bargaining Council’s Main Collective Agreement(s) alleged contravened must be stipulated

If alleged contravention involves non-payment of contributions this referral form must be accompanied by an affidavit which sets out claim of Applicant(s)

...... ………

..……………………………………………………………………………………………………

……………..………………………………………………………………………………………

………..……………………………………………………………………………………………

……………………………………………………………………………………………………..

4.INTERPRETATION SERVICES

State whether you require an interpreter at the conciliation/con-arb?

 YES NO

If yes, please indicate for what language:

(The Parties’ attention is drawn to the attached addendum regarding interpretation services in languages other than the official languages)

 Afrikaans isiNdebele isiZulu isiXhosa

 Sepedi Sesotho Setswana siSwati

 Tshivenda Xitsonga

5.SPECIAL FEATURES/ADDITIONAL INFORMATION

Special features might be the urgency of the matter, the large number of people involved, important legal or labour issues etc.

Briefly outline any special features/additional information the DRC needs to note

...... ………

…………………………………………………………………………………………………….

6.OBJECTION TO CON-ARB PROCESS

The con-arb process involves arbitration being held immediately after the conciliation if the dispute remains unresolved.

Only fill this in if you object to the arbitration commencing immediately after conciliation.

I/We object to the arbitration commencing immediately after the conciliation.

Signed:...... ………………………………………………

If the employer, or any party that is not the referring party, wishes to object to the arbitration commencing immediately after the conciliation, that party must submit a written notice in terms of DRC Rule 17 (2) to that effect at least 7 days prior to the scheduled date of the conciliation. The party must attend the conciliation regardless of whether it makes this objection.

7.CONFIRMATION OF ABOVE DETAILS

Signature of party referring the dispute:...... ………………………………………......

Signed at ...…………………...... on this ....……….…………......

(place)(date)

NOTE:If the Dispute Referral was served on the other party by hand, the following needs to be completed by the party on whom the document was served:

Referral was received by:______

(Name of person)

Signature and designation

of Recipient:______

Date:______

NOTE:If the referral was served by hand, and written acknowledgement of receipt was not obtained, the AFFIDAVIT hereunder must be completed and affirmed to by a COMMISSIONER OF OATHS.

8.AFFIDAVIT

I, the undersigned ______hereby

declares under oath as follows:

On ______(date) I delivered a copy of this dispute referral to ______(the person who accepted the copy) at ______(where e.g. the premises of the employer) but was unable to obtain a written receipt therefor.

SIGNED AT ______ON THIS ______DAY

OF ______2003

______

Signature

______

COMMISSIONER OF OATHS