Dispute Resolution

The BCCEI is accredited by the CCMA to manage all its disputes in terms of the BCCEI’s Dispute Resolution Collective Agreement. All disputes between an employer and employee are referred to the BCCEI which has established a Centre for Dispute Resolution with its head office in Johannesburg, and branches in Cape Town, East London, Port Elizabeth, Bloemfontein and Durban.

In areas where there are no BCCEI offices, the CCMA, Department of Employment and Labour, or other Bargaining Council offices are utilised, or an appropriate venue is arranged to facilitate the BCCEI’s dispute resolution function.

An employee or employer may, in terms of the BCCEI’s rules, refer a dispute to be heard at the BCCEI by completing the required referral form, also known as the LRA Form 7.11, which is available at any BCCEI office or online at www.bccei.co.za, including all other relevant LRA Forms. In addition, relevant templates for example an application for condonation, opposing and replying affidavit templates are also accessible on our website.

Disputes referred to the BCCEI will be heard by a commissioner who facilitates possible settlement discussions between the parties. If no agreement is reached, the dispute may be referred to arbitration by completing the LRA 7.13 Form, or to the Labour Court, depending on the nature of the dispute.

The dispute resolution function of the BCCEI is to ensure that disputes referred are resolved timeously and efficiently to meet the accreditation requirements of the CCMA and maintain industrial peace within the industry. To this end, the BCCEI appoints suitably qualified and experienced accredited conciliators and arbitrators with the knowledge and understanding of the industry to conduct the relevant processes.

The simple-to-use service is available to all companies as well as to all scheduled and non-scheduled employees who fall within the scope of the BCCEI. The cost of using the dispute resolution service is covered by the monthly dispute resolution levy paid by employees and employers, except when referring to an Inquiry by Arbitrator (section 188A) dispute. This cost is determined by the Minister from time to time and for more information on the cost and how to refer an Inquiry by Arbitrator, please go to the Dispute Resolution Tab under LRA Forms (LRA Form 7.19) on the website, alternatively contact the BCCEI for assistance.

For additional assistance, please call (011) 490 4966/63 or email disputes@bccei.co.za.