This is a process regulated by section 188A of the Labour Relations Act in which, in essence, a commissioner is appointed to chair a disciplinary enquiry. This process is
conducted whilst the employee is still in the employ of the employer.

At the end of the process, the appointed Commissioner will issue a ruling, which has the same status as an arbitration award and is final and binding on the parties. This ruling can only be overturned by judicial review and cannot be subject to a dispute at the CCMA or Bargaining Council.

This is a process that is initiated by the employer, with the consent of an employee and is a time and cost-effective way in which to conduct disciplinary enquiries.

Once a dispute has been referred for resolution, we have to appoint a trained and accredited commissioner to attempt to resolve the dispute through conciliation within 30 days of having received the referral and payment.

This entails the appointed Commissioner attempting to have the parties to finally settle the dispute. This may include a fact-finding exercise, mediating the dispute between the parties and making a recommendation to the parties.

This is an opportunity for parties to engage on an open and transparent platform, without the
risk of later prejudice.

Should the dispute not be resolved through conciliation, an arbitration is held by an appointed and accredited Commissioner in a manner that is appropriate in order to
determine the dispute fairly and quickly.

At this process, parties can be expected to give evidence, calling witnesses, question the witnesses of the other party and addressing arguments to the Commissioner.

A finding at an arbitration is called an Award and is final and binding on the parties, unless taken on review to a higher court.

An arbitration award is enforced in the same manner as a Court Order.