A conciliation hearing is a process where a commissioner (or a panellist, in the case of a bargaining council or agency) meets with the parties in a dispute explores ways to settle the dispute by agreement. Conciliation provides for the quick and fair resolution of disputes.

The conciliation process is uncomplicated, inexpensive and does not allow for any legal representation. The decision to settle is in the hands of the parties involved. At conciliation meeting the employer may appear in person or maybe represented by a director or another employee

, or employer’s organisation. The employee may be represented by an office bearer or official of that party’s registered trade union.

CCMA Rule 7.2 states that:“a conciliation hearing may only be attended by parties to the 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”.

If you are the applicant and fail to attend the conciliation hearing at the scheduled time, the matter will be dismissed. Should the applicant wish to continue, an application for rescission must be made.

18 April 2015

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