How to prepare for conciliation?

1. Think about what you want. ...
2. Work out how you will negotiate. ...
3. Tell your side of the story. ...
4. Listen to the other person. ...
5. Focus on the issues, not the emotions. ...
6. Start negotiating. ...
7. Only agree to what you think is acceptable.

1. Find out what happens in conciliation.
2. Gather relevant documents and information. Gather any relevant material you may need, including: ...
3. Write down the main issues. Make notes about the issues that are most important to you, and why. ...
4. Think about the outcome you want or will accept. ...
5. Prepare your device.

• your application.
• the employer's response.
• your notes and/or completed Worksheet - Preparing for conciliation.
• your most recent pay slips.
• any letters or emails from your employer to you about your work performance and/or dismissal.
• any performance reviews.

1. Understand the CCMA Rules and Procedures. Familiarize yourself with the rules and procedures of the CCMA. ...
2. Gather and Organize Evidence. To strengthen your case, you must gather all relevant evidence. ...
3. Prepare Your Case Argument. ...
4. Understand Your Rights as an Employee. ...
5. Seek Legal Advice.

What happens if conciliation fails?

In case of failure of conciliation (FOC) a report is sent to Government (IR Desks in Ministry of Labour). The Ministry of Labour after considering the FOC Report exercises the powers available to it under Section 10 of the Industrial Disputes Act and either refers the dispute for adjudication or refuses to do so.

How to win a CCMA case as an employee?

To win at the CCMA, you need evidence. Without credible evidence, your claims are not strong enough and the employer can use that against you. So make a list of any witnesses that can testify on your behalf. If you need to subpoena these witnesses to come and testify – contact us 081 013 7338 – as we can help you.

What do you wear to conciliation?

Wear Comfortable Clothing

Make sure your clothes are comfortable and fit well. Mediation can be a stressful process, and if your clothes are uncomfortable, you're probably going to look uncomfortable.

What is the success rate of conciliation?

). Two outcomes are possible at a conciliation. If it is successful, the parties reach an agreement. This happens in about 75% of cases.

What are the disadvantages of conciliation?

How long does conciliation take?

Deadlines for early conciliation

If you start early conciliation before the deadline, you'll have at least 1 month after it ends to make your claim to a tribunal. Sometimes, you'll have more than 1 month because starting early conciliation extends the deadline for making a claim. Early conciliation lasts up to 6 weeks.

What are the rules of conciliation?

(1) Conciliation proceedings are private and confidential and are conducted on a without prejudice basis. No person may refer to anything said at conciliation proceedings during any subsequent proceedings, unless the parties agree in writing or as ordered otherwise by a court of law.

What happens during EEOC conciliation?

During conciliation, your investigator will work with you and the Charging Party to develop an appropriate remedy for the discrimination. We encourage you to take advantage of this final opportunity to resolve the charge prior to EEOC considering the matter for litigation.

Who attends conciliation?

A conciliation hearing may only be attended by the parties to a dispute, their representatives referred to in S135(4) of the Act, and such other persons who, in the discretion of the Commission, are allowed to attend.

What to say during mediation?

You are trying to persuade the other party and not the mediator, therefore speak directly to him or her. Describe particular behaviour rather than making generalizations. Avoid using words like “always” and “never.” Give concrete examples to illustrate your point of view.

What is the timeline for conciliation?

The conciliation officer has a 60 day mandate, but the parties may, if they both agree, request an extension of the time for conciliation. At the end of the conciliation period, a 21-day cooling off period begins.

What happens after conciliation fails?

Should the dispute not be resolved by conciliation, the applicant party will be required to apply for arbitration if they still want to pursue that dispute. An application for arbitration is not required if the matter was scheduled for con-arb, but the arbitration part was adjourned by the commissioner.

What are 2 advantages of conciliation?

What happens after conciliation?

After conciliation, if you and your employer can't come to an agreement, the Commission must issue you with a certificate. The certificate is proof that you went to the mediation or conciliation conference and confirms that you were not able to settle the case.

What to expect at a conciliation hearing?

Conciliation hearings may take place in person, telephonically or through an online digital platform. A commissioner may, depending on the nature of the dispute and sensitivities or tensions between the parties, begin by meeting jointly with the parties to obtain and ensure sharing of information about the dispute.

What is the best color to wear to mediation?

Clients dressed in dark navy blue will exude confidence, trustworthiness and intelligence. A self-confident client will make a good impression on the mediator. The brown color is friendly and approachable, faithful and trustworthy.

How formal is conciliation?

The Scheme is a quick, non-legalistic, less formal and more cost effective alternative to a tribunal hearing. Arbitrators have the authority to make legally binding awards in the same way as a tribunal. For more details ask your Conciliation Officer or refer to the booklet on the Arbitration Scheme.

What are the three cases that the CCMA cannot solve?

What are the five fair reasons for dismissal?

How to win a case against your employer?