RESUMPTION OF ELRC DISPUTE RESOLUTION PROCESSES

HOW THE PROCESSES ARE TO BE MANAGED:

1.When referring disputes, Applicants must use the Council’s Electronic Dispute Referral System (herein referred to as DMS APP). 

2.Once the Applicant refers a dispute on the system, the referral form together with its associated documents will automatically be sent to the Respondent and as such proof of service will be stored on the system. There is therefore no need for the Applicant to send proof of service to the Council.

3.All conciliations/Pre-arbitrations will be done through telephonic means, while all arbitrations will be done through video-conferencing.

4.All applications, including condonations, rescissions and legal representations shall be done on paper.

5.All data associated with video-conferencing will be borne by the parties to the dispute.

6.Parties to the dispute must have their own phones, laptops, or iPads to access or connect to the ELRC video-conferencing platform.

7.For active cases (cases already referred to the Council), a party that does not agree to the arbitration being heard through video-conference must indicate so within seven (7) days of receipt of the arbitration notice.

8.For new cases, applicants must indicate on the applicable consent form whether they accede to the cases being held through virtual means or not. Click here to access the consent form (Annexure A – Request for Arbitration 2020)

9.For applicants who do not agree to their arbitration hearings being held through virtual means, such cases will be put in abeyance until the Employer complies with all the necessary COVID-19 protocols.

10.As per Clause 18 of Part C of the Dispute Resolution Procedure (ELRC constitution), the Council may direct the requesting Party to deliver a statement of case that sets out the material facts upon which the Party relies and the legal issues that arise from the material facts, and may direct the responding Party to deliver an answering statement within a specified time period. Parties may also be requested to attempt to reach an agreement on what oral evidence may be delivered by statement, or where possible, by affidavit. Such statements or affidavits must be submitted electronically to the Council seven (7) days prior to the scheduled date of the arbitration hearing, unless a shorter period is agreed to in writing by the parties.

11.All communication between the parties and the Council, must be directed through electronic means.