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OUR SERVICES

Dispute Resolution

Fair and efficient mechanisms for resolving industrial disputes.

CORE FUNCTION

Disputes Resolution

One of the core functions of the NBCRFLI, in terms of the Labour Relations Act, is to manage the dispute resolution process within the Road Freight and Logistics Industry, as per its mandate to manage and enforce the conditions of employment between industry employers and employees.

In order to resolve unfair dismissal and disputes of a similar nature, the NBCRFLI is accredited by the CCMA to perform dispute resolution by using CCMA accredited commissioners. These commissioners are also used to arbitrate enforcement disputes.

CCMA Accredited

Expert Commissioners

No Additional Costs

Rules for Dispute Resolution Processes

Flowchart illustrating the dispute resolution process

What is a Dispute?

A dispute, under section 51 of the LRA 1995, is any matter over which employer and employee members legally challenge each other, such as unfair dismissals or unfair labour practices or a dispute about the application of the provisions of Council's Collective Agreements.

⚖️ The Council verifies citations, terms of reference, signatures, and timeframes before setting down disputes.

How do I lodge a dispute?

Complete referral form (7.11) from any NBCRFLI office or website

Serve a copy to your employer (registered mail, in person, fax, or email)

Send original with proof of service to NBCRFLI

💡 Our case management officers can assist you in filling out dispute forms if needed.

Conciliation and Arbitration

Understanding the processes designed to resolve disputes efficiently and fairly.

What is Conciliation?

A confidential, off-the-record process where a CCMA-accredited commissioner helps parties reach a mutual agreement. It's faster, less formal, and aims to avoid costly arbitration.

What is Arbitration?

A formal process where a commissioner hears evidence from both sides and makes a legally binding decision. This occurs if conciliation is unsuccessful.

Con-Arb Process

Council introduced Con-Arb process in 2024 in terms of Rule 19 to allow an arbitration hearing to follow directly after a conciliation hearing on the same day. It thus provides the parties with an opportunity to try to resolve the dispute during the conciliation hearing, failing which an arbitrator can immediately thereafter decide on the merits of the dispute during the arbitration hearing. This allows for matters to be heard and determined in a speedy and cost-effective manner.