The simple-to-use and efficient service is available to all firms as well as to all scheduled and non-scheduled employees who fall within the scope of the Bargaining Council for the Civil Engineering Industry (BCCEI). The cost of using the DRC is covered by the monthly dispute resolution levy paid by employers and employees.
There is no additional cost for using the Council’s DRC, except when referring an Inquiry by Arbitrator (S188A) dispute. For information on how to refer an Inquiry by Arbitrator please go to the Forms Tab to complete the relevant referral form (LRA 7.19) and the fact sheet.
In all dismissal cases referred to the Council’s DRC, the applicant and respondent must first explore a process of conciliation in an attempt to resolve the dispute amicably. Should a settlement not be reached the case shall proceed to arbitration, if requested by the applicant/referring party. The case will be arbitrated by an independent commissioner appointed by the Council.
In arbitration, the arbitrating commissioner will hear both sides of the dispute and based on the evidence led and arguments heard, as well as whether the dismissal was procedurally and/or substantively fair, issue an arbitration award.
Disputes that can be handled by the Council’s DRC are dismissals as a result of operational requirements, also known as retrenchments, incapacity relating to ill health or poor work performance, misconduct, issues that led to strike action or lock-out, refusal of an employer to bargain, unfair suspension, unfair employer conduct and disputes around the payment of severance pay. These would all be deemed to be statutory disputes. Please refer to the downloadable “Overview of the Dispute Resolution Process” graphic on this page for more information on where disputes should be referred.
The Dispute Resolution function of the Council is to ensure that dispute referrals are resolved timeously and efficiently in order to meet the accreditation requirements of the CCMA and maintain industrial peace within the industry. To this end, the Council appoints highly rated CCMA accredited commissioners and arbitrators who have a seasoned knowledge and an understanding of the Civil Engineering Industry.