Unfairly dismissed during your probation period, you have to refer an “Unfair dismissal dispute” to the MIBCO Dispute Resolution Centre (DRC) for Conciliation and Arbitration. A process we loosely refer to as a Con/Arb.
When a matter has been set down for Con/Arb it means that should the conciliation fail the arbitration will commence immediately thereafter. This process is in line with the Labour Relations Act 66 of 1995 (LRA).
Who may object: Some employees and employers prefer to object to the Con/Arb process so that they can have more time to get a representative, or with hopes that the matter will be settled at conciliation.
Who cannot object to Con/Arb: Employees who have referred an unfair dismissal dispute relating to probation; and employees who have referred an unfair labour practice dispute relating to probation.
In a Nutshell: The Con/Arb process is a quicker remedy, however performance disputes relating to probation MUST be a Con/Arb process.