READ FIRST
WHAT IS THE PURPOSE OF THIS FORM?
This form enables a person or an organization to refer a dispute to the PSCBC for resolution.
This form must be completed whenever a dispute, of whatsoever nature, is referred to the PSCBC for resolution.
WHO FILLS IN THIS FORM?
Employer, employee, or trade union.
WHERE DOES THIS FORM GO?
It is filed with the PSCBC in terms of the Dispute Resolution Rules of the Council.
WHAT WILL HAPPEN WHEN THIS FORM IS SUBMITTED?
When you refer the dispute to the PSCBC:
- a commissioner who must attempt to resolve the dispute will be appointed from the PSCBC panel.
- the dispute will be set down for conciliation.
- the conciliation will take place within 30 days of the date of referral of the dispute.
OTHER INSTRUCTIONS
Please note that the following disputes must be forwarded directly to the CCMA, and cannot be dealt with by a bargaining council in terms of the Labour Relations Act, no 66 of 1995 (“the LRA”):
- Disclosure of information (Section 16 and 89 of the LRA).
- Organisational rights (Chapter III part A of the LRA).
- Agency shop disputes (Section 25 of the LRA).
- Closed shop disputes (Section 26 of the LRA).
- Interpretation or application of collective bargaining provisions (Section 63 (1) of the LRA).
- Picketing disputes (Section 69 of the LRA).
- Workplace forum disputes (Sections 86 and 94 of the LRA).
- Discrimination disputes (Section 6 of the Employment Equity Act).