Dispute resolution
Disputes within the Transnet bargaining unit are referred to the Council, not the CCMA. This page explains each stage and gives you the forms to download.
Disputes the Council handles
The Council is accredited by the CCMA to conciliate and arbitrate disputes between Transnet and employees in the bargaining unit.
Matters are heard by independent commissioners appointed by the Council. Conciliation is private, confidential and conducted on a without-prejudice basis: nothing said there may be used in later proceedings unless the parties agree in writing or a court orders otherwise.
Time limits apply. Under the Labour Relations Act, a dismissal dispute must be referred within 30 days of the dismissal, and an unfair labour practice dispute within 90 days. If you are late, include an application for condonation with your referral.
- Unfair dismissal
- Unfair labour practice
- Matters of mutual interest
- Interpretation or application of a collective agreement
- Essential services disputes
- Inquiry by arbitrator (Section 188A)
- Temporary employment service, fixed-term and part-time employment disputes
- Freedom of association disputes
How a dispute moves through the Council
Six stages, from referral to award.
Refer the dispute
Complete and sign LRA Form 7.11, serve a copy on the other party, and send the form to the Council with proof that it was served. If the referral is late, attach an application for condonation.
Conciliation
An independent commissioner meets both parties and helps them try to reach a settlement. If the dispute is not resolved, the commissioner issues a certificate confirming this.
- At least 14 days' written notice of the hearing
Case Management Conference (CMC)
Where required under Rules 19 and 20, the Council convenes a CMC to narrow the issues, confirm documents and witnesses, and give binding directions so the arbitration is not delayed.
- Documents filed 7 days before the CMC
Request arbitration
If conciliation does not resolve the dispute, complete LRA Form 7.13 to ask the Council to arbitrate it.
Pre-arbitration minute
The parties complete and sign the pre-arbitration minute, recording the facts they agree and disagree on. The referring party emails the signed minute to the Council before the hearing is set down.
Arbitration and award
An arbitrator hears the evidence and issues a binding award. Awards are published under Awards and Reviews.
- At least 21 days' written notice of the hearing
Case Management Conference
A CMC is a formal process that makes sure a dispute is properly prepared and ready for arbitration. It is not the arbitration hearing and does not decide the merits of the dispute, but the directions given there are binding.
- Dismissal disputes where oral evidence is expected
- Matters where legal representation has been requested or permitted
- Disputes with several witnesses or complex issues
- Matters that have been postponed before
- Matters the Council identifies as at risk of delay
- At the request of a party or the direction of a commissioner
Each party attends in person or through an authorised representative who knows the matter and can make binding procedural commitments. A CMC may be held in person, virtually or in a hybrid format.
Failing to attend or comply has consequences. The CMC may proceed without you, documents or witnesses may be excluded, and a later request for a postponement may be refused.
Unless the Council directs otherwise, each party files its preparation documents at least 7 days before the CMC. The Notice of Set Down lists them in full.
Rule 20 pre-arbitration minute
Before the Council issues a notice of set down for arbitration, the parties must hold a pre-arbitration conference and sign a minute recording the facts they agree and disagree on. The referring party must email the signed minute to the Council as soon as it is signed.
Section 188A: inquiry by an arbitrator
Instead of an internal disciplinary hearing run by the employer, Section 188A of the Labour Relations Act allows an independent arbitrator from the Council to conduct the inquiry into an employee’s conduct or capacity.
Because the matter is heard independently from the start, the arbitrator’s decision is final and binding, which reduces the likelihood of a later unfair dismissal dispute.
Complete LRA Form 7.19
The employer delivers the completed form to the Council. An employee may also request an inquiry using the same form.
Both sides agree
The employee signs the form, unless consent is already given in the contract of employment or a collective agreement, in which case the relevant extract is attached.
Pay the prescribed fee
The employer pays the fee by electronic transfer and sends proof of payment with the form. The Council will not appoint an arbitrator until payment is received.
The Council sets the date
Within 7 days of receiving the request and payment, the Council notifies the parties when and where the inquiry will be held, with at least 7 days' notice.
Other applications
Condonation
If a referral or application is late, apply for condonation. Explain how late it is, the reasons, your prospects of success and any prejudice to the other party.
Subpoena
To require a person to attend a hearing, file LRA Form 7.16 with a written motivation explaining why that person's evidence is necessary.
Variation or rescission
An application to vary or rescind an award or ruling must be made within 14 days of the date you became aware of it
Contact the Council
Forms and documents
Open any document to read it online or download it.
Read the Council’s full rules for conciliation and arbitration
How to submit a form
Forms are completed by hand or on screen, signed, and emailed to the General Secretary.
Step 1
Complete and sign
Download the correct form, fill in every section and sign it.
Step 2
Serve the other party
Send a copy to the other party to the dispute and keep proof that you did.
The office is open Monday to Friday, 07h30 to 16h00, excluding public holidays. Documents may be emailed at any time. Personal information in documents sent to the Council is handled in line with the Protection of Personal Information Act. Read our POPIA document.