Are the manual dispute referral forms going to be phased out? Further, is there a transitional period catering for the phasing out of the manual referral form method?
Manual dispute referral forms will still be accepted until the end of the phase-out transitional period, such period will be communicated in due course.
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When using the e-referral platform, what proof does the referring party have to prove that the documents have been served to the other party?
A confirmation email at the end of the submission of the referral form is sent to the referring party.
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Does the e-referral platform conduct screening of the referred matters before they are served to the other party or filed with the council?
No, the screening process is done internally by the PSCBC; a referring party is only able to select and refer a dispute relating to the specified ‘nature of dispute’ on the referral portal.
The e-referral form serves as a guide, provided that all the information as prompted is captured correctly.
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How secure is the e-referral and Portal system against cyber-attacks?
No system is fool-proof from cyber-attacks, however, the PSCBC continuously upgrade their systems to prevent any possible cyber-attack-related threats.
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Does the e-referral form accommodate multiple signatures?
No, only one person is required to e-sign the e-referral form.
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Can the e-referral accommodate for more than one referring or responding party?
Where a dispute involves more than one party, an annexure of the additional parties can be uploaded onto the system.
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Who becomes responsible for serving the Chief Negotiator of the State (DPSA) when filing an e-referral form?
When using the e-referral form, the form is automatically sent to the Chief Negotiator of the State.
The referral is served to all the parties’ email addresses captured on the referral form. After submitting the referral form, an email containing the completed referral is sent to all parties cited and emails captured on the form. (referring, responding party along with the DPSA and the council). This will be considered as proof of service.
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When filing for condonation, an affidavit/written statement is required, does the e-referral form accommodate for such?
Yes, the condonation application is uploaded as additional annexure to the referral to conciliation.
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Can defects be corrected on the e-referral after submitting the form?
Once the e-referral has been submitted, no changes can be made. The referring party may contact the council to have the necessary information updated.
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The portal is accessible to only parties to council and parties can register on – https://labournet.collaboratoronline.com/
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Can individual employees use the Portal to parties?
No, the portal to parties is exclusively for the use by trade unions party to the PSCBC and the employees of the state representing the employer on matters referred to the council.
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How does the council ensure the protection of personal information?
The council has ensured that the portal to parties is POPIA compliant.
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Can the information saved on the Portal be deleted by a user?
No, once information is captured, it cannot be erased. Users may contact the council for any amendments.
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How many individuals are granted access to the Portal per organization?
Each organization will indicate and dictate as to which users are to be granted access to the Portal.
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How are users granted access to the Portal?
As soon as the user has created a user profile, a request is forwarded to the council to approve the user’s access to the Portal.
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Can the users track the referral progress on the Portal?
Yes, the Portal aims to allow users to have real-time updates on the referred matters.
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Can a different user from the same organisation take over a matter?
User/s can be removed, new users can be registered and updated as required.
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Is signing up to the Portal linked to an organisation or it is individually linked?
Users registered on the portal must be linked to their respective organisations, either a department or trade union.
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Can parties upload and exchange bundles with the Portal system?
Yes, this would only apply to cases that were referred on the portal, regardless of the document size.
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Does the Portal provide for ‘forgot log-in details’?
Yes, the system accommodates for the resetting of log in details – ‘forgot log-in details’.
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Who will have access to the case files?
The referring representative of the trade union and the employer representative allocated to deal with the matter.
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Can one access the case files of other departments?
No, only representatives within the respective departments and trade unions. Permissions, where requested, may be granted for departments such as the DPSA.
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How is the venue for hearings determined?
The venue for hearings is determined in line with Rule 21 of the DR Rules.
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What is meant by ‘good cause shown’?
Based on the valid reasons provided for something, depending on each case scenario. Someone must prove why they should be allowed to do something or why they should not be held responsible.
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Can condonation be refused?
Condonation is made to condone lateness on a referral, based on the arguments furnished, condonation may be granted or refused.
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Rules 33 – under which circumstances would the council condone a late referral?
Depending on the circumstances of each application, the lateness/delay, prejudice to be suffered by the employee and prospects of success.
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How does the recusal process of a commissioner apply within the council?
An application is made before the commissioner with reasons why the commissioner must recuse themselves from the matter and in line with Rule 30 of the DR Rules.
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The new timeframes applicable to applications, what happens when the days fall over a weekend and a public holiday?
The calculation of the time-frames within the council is regulated by Rule 3 of the DR Rules.
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Who is responsible for the payment of witness fees?
Payment of witness fees is regulated by Rule 37 of the DR Rules.Under which circumstances would the costs be ordered?
Circumstances regarding the awarding of costs are outlined in Rule 38 of the DR Rules.
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Rule 35 – deals with the withdrawal of matters, what happens when there is non-compliance to a signed settlement agreement by parties?
The LRA provides for what should happen when a party fails to honour or comply with a settlement agreement in terms of section 142A.
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Are candidate attorneys permitted to appear in a conciliation hearing?
The rules have been amended to allow candidate attorneys to represent a party at hearings except at the conciliation hearing unless a jurisdictional point has to be argued.
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How is the venue of holding a hearing determined?
Rule 21 of the DR Rules accommodates for the determination of the venue for hearings.
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Are pre-arb conferences compulsory?
In terms of the PSCBC DR Rules, parties may hold a pre-arbitration conference, 14 days prior to the arbitration hearing or be ordered to hold pre-arb conference by a commissioner.
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Should documents be signed?
Yes, documents must be signed, a decision in Adams v National Bargaining Council for the Freight and Logistics Industry and Others (CA2/2019) [2020] ZALAC 10, allows for the ratification of documents.
Further, the provisions of the Electronic Communications and Transactions Act 25 of 2002 are applicable in respect of any issue concerning electronic signatures.
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What types of complaints can be referred to under the enforcement process?
Complaints directly pertaining to the non-compliance with PSCBC collective agreements. (e.g. the non-payment of overtime where the applicant has complied with all the requirements in the collective agreement.)
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Can a party refer more than one type of dispute on the same issue?
No, that would result in double dipping and forum shopping by the parties, disputes must be referred to the relevant forums and in line with the relevant provisions of the LRA.
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Are there prescribed time frames when dealing with the enforcement of collective agreements?
No, however, parties are advised to refer the complaints as early as possible.
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Who refers enforcement matters to the Labour Court?
Once a complaint has been filed with the council, the council becomes responsible for the investigation of the complaint, including referring a matter to the Labour Court for adjudication.
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Is clause F11 the only remedy available for the non-compliance to the specified timeframes in F8?
Yes, the provisions of the Resolution are clear – if there is a failure on the part of the department to respond to a grievance within the specified period – the aggrieved may lodge their grievance with the relevant sector council if the dispute relates to the alleged unfair labour practices or directly to the Public Service Commission (PSC) for investigation.
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What are other avenues to deal with unattended grievances?
Declaring a dispute to the relevant sectoral bargaining council or directly to the PSC.
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Is it mandatory to follow a grievance procedure before referring a dispute to the Council?
The LRA does not require a grievance procedure before submitting a dispute to a bargaining council or CCMA.
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