Physical address - BCCEI

1 LRA Form REFERRING A DISPUTE TO. Labour Relations Act, 1995 THE BARGAINING COUNCIL FOR THE. Sections 9, 24, 64, 133, 134, CIVIL ENGINEERING INDUSTRY. 135, 191, 198 & 198A-C. ( BCCEI ) FOR CONCILIATION. (INCLUDING CON-ARB). READ THIS FIRST OFFICE OF THE BARGAINING COUNCIL FOR THE CIVIL. ENGINEERING INDUSTRY ( BCCEI ). WHAT IS THE PURPOSE OF THIS. FORM? This form enables a person or organisation to refer a dispute to the The contact details of the BCCEI are as follows: BCCEI for conciliation and con-arb. WHO FILLS IN THIS FORM? Physical address : Employer, employee, trade union or employers' organisation. 1 Kramer Road Bedfordview Johannesburg WHERE DOES THIS FORM GO? 2007. To the Dispute Resolution Centre ( DRC ) of the Bargaining Council for the Civil Engineering Industry Postal address : ( BCCEI ).

2 Please refer to this page for details. P O Box 2699. Bedfordview WHAT WILL HAPPEN WHEN THIS. FORM IS SUBMITTED? Johannesburg When you refer the dispute to the 2008. Dispute Resolution Centre, it will appoint a commissioner who must attempt to resolve the dispute within Telephone: 30 days. (011) 450 4966. OTHER INSTITUTIONS. Telefax: Please note that if you are not covered by the BCCEI , you have to refer the dispute to the appropriate 086 550 4995. body, for example, to the CCMA. Email: FURTHER INSTRUCTIONS. A copy of this form must be served on the other party. Proof that a copy of this form has been served on the other party must be supplied by attaching any of the following: Website: A copy of a registered slip from the Post Office; or A copy of a signed receipt if hand delivered; or A signed statement confirming service by the person delivering the form; or A copy of a fax confirmation slip; or A copy of an email confirmation slip; or Documents may only be filed with the Bargaining Council for the Civil Engineering Industry at the addresses, telefax number or email address listed Any other satisfactory proof of service.

3 Above. LRA Form Referring a dispute to the BCCEI for conciliation (including con-arb). Page 2 of 6 pages 1. DETAILS OF PARTY REFERRING THE DISPUTE. READ THIS FIRST. An employee A trade union An employer An employers' organisation (a) Name of the party if the referring party is an employee Tick the correct box . Name: .. IMPORTANT. THE EMPLOYEE/ REFERRING Surname: . PARTY MUST COMPLETE ALL. THE SECTIONS IN 1(a). Gender (tick appropriate box): Male Female Number: .. Age: .. Nationality: .. OTHER PARTIES. Length of service: Salary Gross: Salary Net: . If there is more than one employee Type of employment (tick the appropriate box): to the dispute, then each employee must supply his/ her personal Fixed Term Full Time Employee Labour Broker details and signature on a separate page, which must be attached to Non-Standard Employee Part-Time Employee this form.

4 Physical / Postal address : .. Postal Code: . Tel: .. Fax: . Cell: .. Email: . Alternate contact details of employee (representative/ relative or friend). Name: .. Surname: . Postal address : .. Postal Code: . Tel: .. Fax: . Cell: .. Email: . IMPORTANT! (b) Name of the referring party if the referring party is an employer's If you are a member of a union, organisation or trade union, or if the employer's organisation or please complete this section. trade union is assisting a member to the dispute Name: .. Surname: . Designation: . Physical / Postal address : .. Postal Code: . Tel: .. Fax: . Cell: .. Email: . Please turn over LRA Form Referring a dispute to the BCCEI for conciliation (including con-arb). Page 3 of 6 pages Tick the correct box 2.

5 DETAILS OF THE OTHER PARTY (PARTY WITH WHOM YOU ARE IN DISPUTE). The other party is: The full name of the company and whether it is a (Pty), Close Corporation (CC) must be filled An employer An employer's organisation in section 2. An employee A trade union Company Name: .. Contact Name & Surname: . Physical / Postal address : .. Postal Code: . Tel: .. Fax: .. Cell: . Email: . Number of employees employed by the employer: . The full name of the Temporary If a Temporary Employment Service (TES) is involved, the name of the TES: Employment Services (TES). must be filled in here. Company Name: . Contact Name & Surname: .. Physical /Postal address : .. Postal Code: . Tel: . Fax: . Cell: . Email: . Please turn over LRA Form Referring a dispute to the BCCEI for conciliation (including con-arb).

6 Page 4 of 6 pages Tick the correct box 3. NATURE OF THE DISPUTE. What is the dispute about? (tick only one box). Unfair Dismissal Unfair Labour Practice Severance Pay s41 BCEA. This section must be Mutual Interest Freedom of Association (conciliation only). completed! Refusal to Bargain (an advisory award will be issued in terms of s135(3). If necessary, write the details on a separate page and attach to this form. Interpretation/ Application of a Collective Agreement Unilateral Changes to Terms and Conditions of Employment S198 LRA S198A LRA (Labour Broker) S198B (Fixed Term Contract). S198C (Part-time Employment) S198D. Other (please describe) .. Tick the correct box If it is an unfair dismissal dispute, tick the relevant box UNFAIR DISMISSAL DISPUTES Misconduct Operational Requirements (Retrenchments).)

7 If the dispute concerns an alleged unfair dismissal, the where I was the only employee dismissed dispute must be referred (ie. received by the BCCEI ) within 30 where the employer employs less than ten (10) employees days of the date of dismissal. If more than 30 days has elapsed, Incapacity: Ill Health Incapacity: Poor Work Performance you are required to apply for condonation. The referral, Unknown Reasons Constructive Dismissal together with the application for condonation must be sent to the Council, together with proof of Dismissal related to Probation (Con-Arbitration parties cannot object to con-arb ). service to the company. Non-renewal of fixed term contract Other (please describe) . If it is an unfair labour practice dispute, tick the relevant box Tick the correct box.

8 Promotion Demotion UNFAIR LABOUR PRACTICE. If the dispute concerns an unfair labour practice, the dispute must Probation (Con-Arbitration parties cannot object to con-arb ). be referred (ie. received by the BCCEI ) within 90 days of the act Training Provision of Benefits or omission which gave rise to the unfair labour practice. If more Unfair Suspension than 90 days has elapsed, you are required to apply for condonation. The referral, Failure or refusal to reinstate/ re-employ a former employee in terms of any agreement together with the application for condonation must be sent to the Council, together with proof of service to the company. Please turn over LRA Form Referring a dispute to the BCCEI for conciliation (including con-arb).

9 Page 5 of 6 pages 4. SUMMARISE THE FACTS OF THE DISPUTE (Use additional paper if necessary).. 5. DATE AND WHERE DISPUTE AROSE (Please note that the matter will be heard where the dispute arose, alternatively by agreement between the parties). This section must be completed! The case will be heard where the Date of dismissal: .. dispute arose, unless both (give the date, month and year). parties agree otherwise, in writing. The dispute arose where: . (give the city/ town and the province in which the dispute arose). Date of Unfair Labour Practice: . (give the date, month and year). 6. FAIRNESS/ UNFAIRNESS OF DISMISSAL (if applicable). This section must be (a) Procedural Issues completed! If necessary, write the details on Was the dismissal procedurally unfair?

10 Yes No a separate page and attach to If yes, why? this form.. (b) Substantive Issues Was the reason for the dismissal unfair? Yes No If yes, why? .. 7. RESULT REQUIRED.. Please turn over LRA Form Referring a dispute to the BCCEI for conciliation (including con-arb). Page 6 of 6 pages Parties may, at their own cost, 8. INTERPRETER SERVICES. bring interpreters for languages other than the official South Is an interpreter required? Yes No African languages. Please indicate this under Other . Afrikaans IsiNdebele IsiZulu IsiXhosa Sesotho Sepedi Setswana IsiSwati Xitsonga Tshivenda Sign Language Other: . CON-ARB PROCESS 9. OBJECTION TO CON-ARB PROCESS (Only complete this part if you object to Section 191(5A) makes provision the arbitration commencing immediately after conciliation).