Conciliation is a process where a conciliator will assist the parties to try to resolve a workplace dispute.
Arbitration is a formal hearing where parties to a dispute present evidence and arguments on the dispute to the arbitrator. The arbitrator then considers the evidence and argument and makes a finding on the merits of the case.
This is a final and binding arbitration conducted in terms of the Labour Relations Act (LRA) in the place of a disciplinary or incapacity (performance / ill health) hearing.
Section 189 of the Labour Relations Act (“LRA”) permits employers to dismiss employees for operational requirements. These are defined as requirements based on economic, technological, structural or similar needs of the employer.
