Labour Dispute Services

Labour Dispute Resolution Services

The services listed here are provided by Sean Molony personally.

Chairing Disciplinary Hearings

What is a disciplinary hearing? It is a fact finding process in terms of which the chairperson is presented with evidence concerning allegations of misconduct or poor performance of an employee by an employer and the employee. The chairperson then decides if the employer has proved its case on a balance of probability and if so what sanction- including that of dismissal- is appropriate based on the circumstances of the particular case.Why hold a hearing? The Labour Relations Act, 1995 requires an investigation to be held before an employee is dismissed for misconduct or poor performance.Why use a chairperson who is not an employee of the company or organization? A chairperson of a disciplinary hearing must not be biased or have any prior knowledge of the incident leading to the misconduct or of the employee’s performance. This is difficult in some cases, such as where the organization is relatively small, or lacks the human resource capacity to appoint an independent chairperson. In some cases there is political interference either from internal stakeholders or outside parties. For that reason the appointment of an independent chairperson is recommended.

To appoint Sean Molony to chair a disciplinary hearing complete the form below.

Chairing Grievance hearing

What is a grievance meeting? Where employees are in dispute it is usual for one or both parties to file a grievance against the other giving some detail of the dispute and the resolution sought. The employer party is then required to set up a meeting at which both parties to the dispute present their version of the ma_er to a chairperson who can investigate the matter and make recommendations to the parties and the employer as to how the dispute can be resolved. The process is very similar to a conciliation held in terms of the Labour Relations Act, 1995 as the chairperson makes recommendations as to how the dispute may be resolved.

Why use a chairperson who is not an employee of the company or organization? Most people find dealing with disputes uncomfortable and difficult- the general tactic is to avoid disputes. To deal effectively with workplace disputes between employees requires experience and a professional approach which does not shy away from asking difficult questions, and does not take sides.

To appoint Sean Molony to chair a grievance hearing complete the form below.

Private arbitration

The most effective way of resolving a labour dispute is to submit the dispute to an independent and professional arbitrator to arbitrate the ma_er in terms of the Arbitration Act, 1965. There are a number of reasons why this process is preferable to arbitration in terms of the Labour Relations Act, 1995, including: –
You can chose your arbitrator: If a dispute is arbitrated by the CCMA or bargaining council, the parties have no control over who is appointed as the arbitrator. In a private arbitration conducted in terms of the Arbitration Act, the parties agree on the appointment of the arbitrator. This means that the parties are satisfied that the arbitrator has the necessary skills and experience to arbitrate the dispute in a fair manner applying the law to all aspects of the dispute. You can arbitrate over any type of dispute: Whereas the Labour Relations Act, 1995 provides that certain disputes be arbitrated by the CCMA of bargaining council, parties can chose to submit any dispute between them to arbitration.Resolve the dispute quickly: Instead of going through a referral process followed by a conciliation and then finally an arbitration, parties can agree to arbitrate their dispute directly they are in dispute. Decide on the issues to be arbitrated over: In a private arbitration conducted in terms of the Arbitration Act, 1965 the parties determine the terms of reference to be applied by the arbitrator. Determine the procedure: Parties can decide the procedure to be followed during the arbitration. For example, the parties can decide that the arbitration will not involve witnesses but only the presentation of documentary evidence. This shortens the process considerably and saves time and costs.Determine the venue: Witnesses are not required to sit around waiting to be called in some venue away from the workplace resulting in time and cost saving.

To appoint Sean Molony as a private arbitrator complete the form below.

Private mediation

Mediation is a dispute resolution process in which an independent third party (the mediator) assists the parties to a labour dispute to communicate and to reach a settlement acceptable to the parties. Mediation is effective whether between two individuals at a workplace, or between employer and union. Mediation differs from chairing a grievance meeting as at the mediator does not recommend solutions to the dispute but only manages the process and allows the parties to recommend solutions. Mediation is required in all sexual harassment disputes.

To appoint Sean Molony as a mediator complete the form below.

Facilitation of retrenchment

Facilitation is a dispute resolution process in terms of which an independent third party (the facilitator) assists the parties such as employer and unions to reach consensus over complex and multi-layered workplace disputes such as restructuring of the organization. The facilitator may design a process or number of processes in order to assist the parties to reach agreement, and involves joint problem solving and strategic planning. Facilitation is the most appropriate and effective in the context of retrenchments of employees.

To appoint Sean Molony as a facilitator complete the form below.

Please complete this form showing the service you require and other necessary information.