NEW DISPUTE PREVENTION AND RESOLUTION INITIATIVE

WE DELIVER FAIRNESS

In the current economic climate, it has become necessary for business and labour to pay critical and curious attention to reassess dispute prevention and resolution in order to protect the rights of employees and employers in the workplace. It is therefore necessary that particular emphasis is placed on the importance of promoting and ensuring the existence of social justice, coupled with economic stability. In so doing dispute prevention/resolution must be efficient, speedy and cost effective. This will promote and maintain labour peace.

After discussion between business and labour, the Alternative Dispute Resolution Initiative (ADR Initiative) has been established for the parties to engage freely and voluntarily to assist with dispute prevention and resolution processes.  The aim of the ADR Initiative is to provide case specific, hand-picked accredited panelists that will deliver a professional, equitable and unbiased process to both parties with the highest of integrity, at a reasonable agreed fee.

The Alternative Dispute Resolution Initiative will provide the following service:

The list is not exhaustive;

• Dispute prevention measures
• Mediation by consent of parties
• Facilitating S189A large scale retrenchments
• Collective bargaining
• Arbitration in terms of the Arbitration Act and
• Training on employment law and dispute resolution processes

HOW DOES IT WORK?

First and foremost, the trade union/employee and or employer organisation/employer will by agreement, decide whether or when to utilise the services of the ADR Initiative.  Once the parties have agreed, they will approach us and sign an agreement to that effect.

Parallel to that the ADR Initiative will develop an online referral form on its website that is accessible to the public, and will provide a step by step guide to parties regarding the specific service or process they require from the ADR Initiative.  (Refer to services offered in this respect.)  Alternatively, parties may also communicate with the ADR Initiative by email as indicated on its website.

The parties accept that all processes are conducted in the course and scope of employment, taken into consideration the principles of the Labour Relations Act 66 of 1995 as amended (LRA), inclusive of all other relevant labour, and employment –laws, the Arbitration Act and the CCMA Rules.

WHO CHOOSES THE PANELIST?

The ADR Initiative will choose an accredited panellist that is specialised for the type of service required by the parties.  The parties may however mutually agree on a panellist and will be accommodated on the availability of their choice.

WHERE WILL THE CASE BE HEARD?

In collaboration with all parties, a suitable date, platform (zoom) and or neutral venue will be agreed upon.

WHO WILL PAY AND HOW MUCH?

We acknowledge that in the current economic climate, most employees and employers are finding themselves in a financially challenging position.  Taking cognisance of the above, ADR Initiative shall negotiate a fee, (hourly/daily rate) with the parties upfront on a case by case basis for services required.  In deciding an agreed fee, ADR Initiative, in consultation with the parties, will consider the specific services required, nature and complexity thereof, coupled with the financial means of the parties.

 

FOR MORE INFORMATION CONTACT:

Winnie Everett  winnie@adri.org.za

Willem Connan willem@adri.org.za