ENSURING FAIRNESS AND STABILITY: THE VITAL ROLE OF DISPUTE RESOLUTION IN THE CIVIL ENGINEERING INDUSTRY
EXCLUSIVE ARTICLE – 14/11/2023
In the fast-paced and dynamic world of civil engineering, disputes can arise at any moment, threatening the stability and fairness that are essential for the industry’s smooth operation. To shed light on the importance of dispute resolution in maintaining equilibrium, we turned to Merle Denson, Dispute Resolution Centre Manager at the Bargaining Council for the Civil Engineering Industry (BCCEI).
Dispute resolution, as described by Denson, is a vital mechanism for solving conflicts without resorting to costly and time consuming court proceedings. Effective dispute resolution is a cornerstone of good business management, helping companies avoid conflicts and prevent them from escalating. Denson also emphasises that having a clear grievance procedure, with minimal legal formalities, in place is not just a best practice but also a cost-effective way to address disputes.
The BCCEI’s Dispute Resolution Centre plays a pivotal role in resolving disputes within the civil engineering sector. Denson outlined several key contributions of the DRC.
“Importantly as the designated bargaining council for the sector, the BCCEI Dispute Resolution Centre is accredited by the Commission for Conciliation, Mediation and Arbitration (CCMA) to handle disputes efficiently, ensuring they are resolved in accordance with the law and CCMA criteria,” she explains. “This accreditation demonstrates the BCCEI’s commitment to meeting industry standards and maintaining high levels of professionalism.”
The BCCEI Dispute Resolution Centre has appointed a panel of commissioners with extensive industry knowledge and experience. Denson says this ensures that disputes are handled by experts who understand the complexities of civil engineering.
The civil engineering industry is characterised by project-based work across different provinces, and the BCCEI Dispute Resolution Centre prioritises accessibility by scheduling cases in the region where the dispute originated. “We believe this approach is important as it alleviates the financial burden on employees who may not have the means to travel to resolve their disputes,” she says.
“In addition to this, we adapted to the challenges posed by the COVID-19 pandemic by offering online dispute resolution services. We have continued to offer this primarily because the shift to virtual platforms has improved efficiency and reduced costs, making dispute resolution more accessible and convenient for all parties involved.”
The accessibility of the BCCEI Dispute Resolution Centre’s services is ensured through a funding mechanism. Employers and employees within the BCCEI’s scope contribute to the cost of dispute resolution through a monthly dispute resolution levy. This mechanism ensures that the services are available and sustainable for all parties involved.
When it comes to handling disputes referred to the BCCEI Dispute Resolution Centre, particularly in dismissal cases, Denson outlines a structured process. This process involves a referral within 30 days of an unfair dismissal case, with the applicant serving the referral form on the employer and filing it with the BCCEI. The BCCEI then notifies both parties of the hearing date and time, typically through email or SMS. If conciliation fails to resolve the dispute, the applicant can proceed to arbitration by completing the request for arbitration form. In the event of a settlement, a commissioner drafts a settlement agreement that records the terms, and both parties sign it.
“The conciliating and arbitrating commissioners appointed by the BCCEI play pivotal roles in handling industry-specific disputes. They are accredited by the CCMA and undergo extensive training,” Denson says. “Their responsibilities include attempting to settle disputes, hearing evidence and issuing arbitration awards based on the merits of the case.”
The fairness of a dismissal in the arbitration process is determined by commissioners based on procedural and substantive factors. They assess whether the dismissal adhered to legal requirements and consider the evidence presented by the parties and witnesses.
In response to the COVID-19 pandemic, the BCCEI adapted its dispute resolution methods to ensure business continuity and safety. These adaptations ensure seamless administration and include a paperless system incorporating electronic signature technology. Where hearings are conducted online, the proceedings are recorded for future reference.
“It is most evident that the work done by the BCCEI Dispute Resolution Centre plays a crucial role in maintaining fairness and stability in the civil engineering industry. The dedication by our team to efficient and accessible dispute resolution mechanisms ensure that industry-specific disputes are handled with professionalism and expertise,” Denson concludes.
The BCCEI’s primary goals and objectives extend beyond dispute resolution as a bargaining council. Its responsibilities encompass concluding and enforcing collective agreements, preventing and resolving labour disputes, administering dispute resolution functions, establishing and managing funds for dispute resolution, promoting and initiating training and education schemes, developing proposals for labour policies and legislation, providing industrial support services and extending services to non-parties in the industry.
Merle Denson, Dispute Resolution Centre Manager at the Bargaining Council for the Civil Engineering Industry (BCCEI).
The BCCEI’s Dispute Resolution Centre plays a pivotal role within the civil engineering sector.
The BCCEI Dispute Resolution Centre has appointed a panel of commissioner with extensive industry knowledge and experience.
The BCCEI Dispute Resolution is accredited by the CCMA and handles disputes efficiently.
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On behalf of The Bargaining Council for the Civil Engineering Industry
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