ELRC FORM E1
PART A: REFERRING A DISPUTE TO THE ELRC
FOR CONCILIATION, ARBITRATION AND JOINT
CONCILIATION
READ THIS FIRST
WHAT IS THE PURPOSE OF THIS FORM?
This form enables an employee, trade union or an employer, covered by the scope of
the ELRC constitution, to refer a dispute to the ELRC for resolution.
This form must be completed whenever a dispute is referred to the ELRC.
♦ If the dispute is one referred to in clauses 24 or 25 or 26 and 27of the ELRC Dispute Procedure, the
dispute will be set down for conciliation, arbitration, joint conciliation arbitration and con-arb by the
ELRC.
♦ If the dispute is one referred to in clause 10.1 of the ELRC Dispute Procedure, the dispute will be set
down for conciliation. If the dispute remains unresolved and the parties request arbitration there
is no need to complete any additional referral form. The arbitrator will record the request in writing
and the arbitration will then proceed in terms of clause 25(4) to 25(8).
♦ If the dispute is one referred to in clause 14.1.1 of the ELRC Dispute Procedure, the dispute will be set
down for conciliation by the ELRC in terms of clause 24. If the dispute remains unresolved and the
parties request arbitration there is no need to complete any additional referral form. The arbitrator
will record the request in writing and the arbitration will then proceed in terms of clause 25(4) to 25(8).
♦ If the dispute is one referred to in section 14.1.2 of the ELRC Dispute Procedure, the dispute will be set
down for arbitration by the ELRC in terms of clause 25 of the dispute procedure.
♦ If the dispute is one referred to clause 14.1.3 of the ELRC Dispute Procedure, the dispute will be set
down for conciliation and arbitration by the ELRC in terms of clause 26 of the dispute procedure.
♦ If the dispute is one referred to clause 14.1.4 of the ELRC Dispute Procedure, the dispute will be set
down for con-arb by the ELRC in terms of clause 27 of the dispute procedure.
WHO FILLS IN THIS FORM?
Employer, Employee, Trade Union or Representative.
WHERE DOES THIS FORM GO? ELRC OFFICES
All correspondence should be addressed as follows:
ATTENTION: Dispute Resolution Services
POSTAL ADDRESS: PHYSICAL ADDRESS:
General Secretary General Secretary
ELRC ELRC Building
Private Bag X 126 261 West Avenue
CENTURION CENTURION
0046 0046
ENQUIRIES:
TEL: (012) 663 7446 FAX: (012) 643 1601
E-mail: [email protected] Website: http://www.elrc.org.za
ELRC FORM E1
Referring a dispute to the ELRC for Conciliation, Arbitration, Joint Conciliation Arbitration and Con-Arb
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WHAT WILL HAPPEN WHEN THIS FORM IS SUBMITTED?
If the General Secretary is satisfied that the dispute is in fact a dispute in terms of the Constitution of the
ELRC, and the referral has been properly served and that the requirements of the constitution have been
complied with, the dispute shall be registered.
The General Secretary shall appoint a panellist from the ELRC panel who must attempt to resolve the
dispute, unless the parties to the dispute have themselves agreed on a particular ELRC panellist, in which
case the ELRC will appoint that panellist (provided the panellist is available).
When you receive correspondence from the General Secretary requesting further information you must
respond urgently, to avoid undue delays.
TIME FRAMES, GRIEVANCE PROCEDURE AND CONDONATION APPLICATION
Before referring a dispute, kindly refer to the time frames indicated below as referred to in the Dispute
Procedures:
1) A party may refer a dispute to the General Secretary:
In the case of a dismissal dispute
(a) Within 45 days of the date of dismissal, or if it is a later date, within 45 days of the
employer making a final decision to dismiss or uphold the dismissal.
(b) Within 52 days of the date on which the employee serves on the employer written
notice to conclude an appeal lodged against a dismissal.
In the case of an unfair labour practice dispute
(c) Within 45 days of the date of the Act or omission which allegedly constitutes the
unfair labour practice, or if it is a later date, within 45 days of the date on which the
employee became aware of the Act or omission.
In the case of promotions, appointments and transfers within 30 days from the date on which
the employee:
(d) Became aware of the recommendation, or
(e) Was informed of the recommendation, whichever is the later.
In the case of a dispute, which requires the employers grievance procedure to be invoked, the
dispute may not be referred, unless:
(f) The employee as invoked the grievance procedure, and
(g) An outcome has been rendered; or
(h) In the event of the grievance procedure having been invoked and an outcome had
not been rendered at least 45 days from the date on which the grievance was
lodged.
In the case of any other dispute within 45 days of the date on which the dispute arose.
2) A party may not refer a dismissal dispute, where the dismissal has been appealed unless:
The appeal had not been concluded by the employer within 45 days; and
The employer had been served with 7 days written notice to remedy the default.
3) A party may not refer a dispute, except a dismissal dispute before invoking the grievance
procedure relating to that dispute and allowing 45 days for the resolution thereof.
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Referring a dispute to the ELRC for Conciliation, Arbitration, Joint Conciliation Arbitration and Con-Arb
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If the referral is late, then ELRC Form E2, “Application for Condonation of late referral of a dispute to
the ELRC”, must accompany the dispute referral.
OTHER INSTRUCTIONS
Please note that the following disputes must be forwarded directly to the CCMA, and cannot be dealt with by
a bargaining council in terms of the Labour Relations Act, no 66 of 1995 (“the LRA”):
• Disclosure of information (Section 16 and 89 of the LRA)
• Organizational rights (Chapter III part A of the LRA)
• Agency shop disputes (Section 25 of the LRA)
• Closed shop disputes (Section 26 of the LRA)
• Interpretation or application of collective bargaining provisions (Section 63 (1) of the LRA)
• Picketing disputes (Section 69 of the LRA)
• Workplace forum disputes (Sections 86 and 94 of the LRA)
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Referring a dispute to the ELRC for Conciliation, Arbitration, Joint Conciliation Arbitration and Con-Arb
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READ THIS FIRST
1. DETAILS OF PARTY REFERRING THE DISPUTE
As the referring party, are you?
An employee A union official or representative
An employer
Tick the correct box
(a) Details of grievant employee/s:
Surname: …………………………. First Names: ……………………………...
If you are an
employee fill in Identity number: ………………………………………………………………………….
part (a). Persal number: ……………………………………………………….…………..………
If you are an Pay Point Number: ………………………………………………………………………
employer, union Postal Address: ………………………………………………………………..………….
official or
representative, fill ………………………………………………………………………………………………
parts (a) and (b). ………………………………………………………………………………………………
Postal Code: …………………....
Tel: ………………………………. Cell: ...……………………….………….....
Fax: ……………………………. Email: …………………………………………….…
If you belong to a trade union, indicate which one? ………………………………....
Alternate contact details of employee:
These alternate
contact details
should be of a Surname: …………………………. First Names: ……………………………...
union official or Identity number: ………………………………………………………………………….
representative, a
relative or a friend. Postal Address: ………………………………………………………………..………….
………………………………………………………………………………………………
………………………………………………………………………………………………
Postal Code: …………………....
Tel: ………………………………. Cell: ...……………………….………….....
Fax: ……………………………. Email: …………………………………………….…
(b) Details of grievant trade union or representative or if the
If more than one referring party is an employer or trade union
party is referring
the dispute, write Name: ……………………………………………………………………………………..
their details on a
Persal number: ….……………………………………………………………………..…
separate page and
staple it to this Postal Address: ….……………………………………………………………………..…
form.
….………………………………………………………………………………………...…
Postal Code: …………………....
Tel: ………………………………. Cell: ...……………………….………….....
Fax: ……………………………. Email: …………………………………………….…
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Referring a dispute to the ELRC for Conciliation, Arbitration, Joint Conciliation Arbitration and Con-Arb
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2. DETAILS OF THE OTHER PARTY (PARTY WITH WHOM YOU ARE IN
DISPUTE)
Name: ……………………………………………………………………………………..
Provincial Department of Education: …………………………………………………..
Provide the details Region: ……………………………………………………………………………………
of the other party.
District: ……………………………………………………………………………………
Circuit: …………………………………………………………………………………….
Postal Address: ………………………………………………………………………….
………………………………………………………………………………………………
………………………………………………………….………………………………..…
Postal Code: ……………………………..
Tel: ………………………………. Cell: ...……………………….………….....
Fax: ……………………………. Email: …………………………………………….…
Contact Person: ….……………………………………………………………………...
Tick one relevant box 3. NATURE OF THE DISPUTE
(a) What is the dispute about? (tick the appropriate box)
Misconduct Alleged Unfair Refusal to Bargain
If the dispute
Dismissal
concerns
dismissals then Unfair Labour Interpretation Unilateral change to
complete Practice in terms and terms and conditions
Part B, of this of schedule 7 Application of of employment
FORM E1. 2(1)(b) of the LRA Collective
Agreement
Other (please describe): Severance pay
………………………………………………………………………………………………
………………………………………………………………………………………………
This section must (b) Summarise the facts of the dispute you are referring and attach
be completed! supporting documents / letters.
NOTE: ………………………………………………………………………………………………
Please ensure that
your summary fits .…………………………………………………………………………………………..…
into the provided
space. ………………………………………………………………………………………………
You will be given ………………………………………………………………………………………………
an opportunity to
expand on your (c) The dispute arose on: ……………………………………………………..
(give the date, month and year)
case at the
conciliation and or (d) Where did the dispute arise?: ……………………………………………
arbitration. (give the district office in which the dispute arose)
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Referring a dispute to the ELRC for Conciliation, Arbitration, Joint Conciliation Arbitration and Con-Arb
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4. TIME FRAMES
Time Frames have been complied with
NB: If the “No” box was ticked, please complete YES NO
and attach condonation application form E2
If the dispute was 5. GRIEVANCE PROCEDURE
not referred within
the specified Only applicable when referring disputes for conciliation, in terms of
timeframes, you clauses 14.1.1, 14.1.3 and 14.1.4.
are required to
apply for Have you followed all internal grievance /
Condonation on disciplinary procedures before coming to the YES NO
ELRC FORM E2. ELRC?
If yes, attach documentary evidence.
Date on which Grievance Procedure was invoked:
…………………………………………………………………………………………..….
6. RELIEF SOUGHT
(a) What relief do you seek? Does the relief, which you seek, affect the
right or interest of another person(s), if so please furnish names
and personal details.
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(b) Does the relief, which you seek, arise out of an arbitration award
and or conciliation agreement? If so, please state the details of
such conciliation and or arbitration.
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Referring a dispute to the ELRC for Conciliation, Arbitration, Joint Conciliation Arbitration and Con-Arb
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7. SPECIAL FEATURES / ADDITIONAL INFORMATION
(a) Interpretation Services
Please be advised that ENGLISH is the standard language
employed. You may therefore require interpretation services for
another language.
The ELRC provides
interpretation Do you require an interpreter at the YES NO
services for only conciliation?
the official South
African languages. If yes, please indicate for what language:
siSwati Tshivenda isiZulu isiXhosa
Sepedi Sesotho Setswana isiNdebele
Xitsonga Afrikaans
(b) Special Features
Special features
might be the
urgency of the Briefly outline any special features that ELRC needs to note:
matter, the large
number of people …………………….………………………………………………………………………..
involved, important
legal or labour …………………….………………………………………………………………………..
issues etc.
…………………….………………………………………………………………………..
Attach any
additional …………………….………………………………………………………………………..
documentation if
necessary. …………………….………………………………………………………………………..
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Referring a dispute to the ELRC for Conciliation, Arbitration, Joint Conciliation Arbitration and Con-Arb
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8. DISPUTE IN TERMS OF SECTION 64 (4) OF THE LRA
DISPUTE ABOUT UNILATERAL CHANGE TO TERMS AND CONDITIONS
OF EMPLOYMENT, IN TERMS OF SECTION 64(4)
I/We require the employer party not to implement unilaterally the
Fill this part only if proposed changes that led to this dispute for 30 days, or that it restore
this is a dispute the terms and conditions of employment that applied before the change.
about unilateral
change to terms
and conditions of
employment.
Signed: ………………………………………….…………………………………..
(employee party referring the dispute)
9. INFORMING THE OTHER PARTY
Proof that a copy
of this form has
I confirm that a copy of this form has been sent to the other party/parties to
been sent could
the dispute and proof of this is attached to this form.
be:
• A fax slip / a
Name (in full): …………………………………………………………………………....
registered slip
from the Post
Position/Rank: …………………………………………………………………………...
Office
• A signed Signature of party referring the dispute:
receipt if hand
delivered.
• A signed
statement by
the person Signed at ………………………………………………………………………….……...
delivering the (place)
form
confirming
service.
on this the …………… day of …………………………………………………………...
(day) (month and year)
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Referring a dispute to the ELRC for Conciliation, Arbitration, Joint Conciliation Arbitration and Con-Arb
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PART B
ADDITIONAL FORM FOR DISMISSAL DISPUTES
ONLY
1. COMMENCEMENT OF EMPLOYMENT
Dismissal disputes
must be referred Date of appointment: ……………………………………………….…………….……..
(i.e. received by the ( give the date, month and year)
ELRC) within 45
days of dismissal. 2. NOTICE OF DISMISSAL
If the dismissal
was more than 45 Please give the date of your dismissal: ………………………………………..……...
days ago, you are (give the date, month and year)
required to apply
for condonation How were you informed of your dismissal?
ELRC Form E2
By letter Verbally
At/After a disciplinary hearing
Constructive Other (please describe):
dismissal is when
you terminate your …………….………………………………………………………………………...….…..
contract of
employment with ……..…………………………………………………………………………………….…
or without notice
because the ……..……………………………………………………………………………………….
employer made
continued
employment
intolerable for you Was it constructive dismissal? YES NO
by his/her actions
or gestures etc.
3. DISCIPLINARY HEARING
Was there a disciplinary hearing before the
dismissal? YES NO
4. REASON FOR DISMISSAL
Why were you dismissed?
Automatically unfair dismissal Incapacity
Misconduct Unknown
Operational Requirements (Retrenchment)
Other (please describe):
………………………………...……………………………………………………….……
.
…...…………………………………………………………………………………………
…...…………………………………………………………………………………………
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Referring a dispute to the ELRC for Conciliation, Arbitration, Joint Conciliation Arbitration and Con-Arb
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5. FAIRNESS/UNFAIRNESS OF DISMISSAL
(a) Procedural Issues
Do you think that the dismissal was
procedurally unfair? YES NO
(Were internal procedures followed?)
Indicate the
Procedural and If yes, why?
Substantive
Fairness of the ……………………………………………………………….……………………………..
Dismissal
……………………………………………………………….……………………………..
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(b) Substantive Issues
Do you feel the reason for the dismissal
was substantively unfair? YES NO
If yes, why?
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Referring a dispute to the ELRC for Conciliation, Arbitration, Joint Conciliation Arbitration and Con-Arb
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PART C
YOUR CHECKLIST
Make certain that Please Tick:
all the required
information has
been provided and
the necessary TASK YES NO
documentation is
attached I have completed this form fully and correctly
I have attached ELRC Form E2 (Application for
Condonation) (if applicable)
I have attached proof that this form has been
served on the other party
PART D
CONFIRMATION OF THE ABOVE DETAILS
In the event where it has come to the attention of the Education
Labour Relations Council (ELRC) that the information provided in
the referral is both materially and substantively incorrect, the
applicant shall bear the cost of conciliation and arbitration
proceedings. This shall include any related cost.
Name (in full): ………………………………………………………..………….…..…...
Position/Rank: ……………………………………………………………………………
Signature of party referring the dispute: ………………………………………………
Signed at: …….………………………………………..…………………………….…...
(place)
on this the …………… day of …………………………….…………………………….
(day) (month and year)
