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Dispute Resolution
General Public Service Sectoral Bargaining CouncilRef: https://gpssbc.org.za/dispute-resolution/
Official source
Source domain: gpssbc.org.za
Collected on 13 July 2026
Always confirm details on the official source before acting.
What this means
This document is a webpage section describing the dispute resolution process of the General Public Service Sector Bargaining Council (GPSSBC). It explains the GPSSBC’s statutory basis and limits for dispute resolution under the Labour Relations Act 66 of 1995 (as amended), including accreditation by the CCMA and rules governed by GPSSBC Resolution 4/2004 and collective agreement rules. It outlines internal procedures such as screening for jurisdiction, transferring referrals outside scope, issuing a certificate of non-resolution after 30 days (section 135(5) of the LRA), processing condonation applications (Rule 34) with a 14-day period for respondents to file opposing affidavits, and joinder applications (Rule 24), including examples related to unfair labour practice in promotions.
Facts
Places
KwaZulu-Natal
Reference
https://gpssbc.org.za/dispute-resolution/
Key Takeaways
- Statutory basis: Labour Relations Act 66 of 1995 sections 52 and 127
- CCMA accredits GPSSBC to perform dispute resolution functions listed in LRA section 51
- Rules for proceedings governed by GPSSBC Constitution and GPSSBC Resolution 4/2004
- Most common disputes: dismissals and unfair labour practices
- Screening checks: referral form completed, correct citation of respondent/employer, proof of service, applicant signature
- Applicant eligibility: applicant must be an employee employed by the State in terms of the Public Service Act
- Transfer of referrals to other forums when outside GPSSBC scope (e.g., PSCBC, SSSBC, ELRC, PHSDBC, CCMA)
- Certificate of non-resolution issued if 30 days expire under LRA section 135(5)
- Condonation applications processed under Rule 34; no jurisdiction until condonation is dealt with and ruling granted
- Time frames mentioned: 90 days for ULP and 30 days for dismissals
- Condonation procedure: respondent opposing affidavit due within 14 days; ruling may be issued on papers without a formal hearing if no opposition
- Joinder applications under Rule 24: General Secretary or panellist may join parties where rights depend on substantially the same question of law or fact
- Example case law cited: Martin Gordon vs Department of Health KwaZulu Natal, ZASCA 99 (17 September 2008)
- General Public Service Sector Bargaining Council (GPSSBC)
- Commission for Conciliation, Mediation and Arbitration (CCMA)
- Governing Body of the CCMA
- Labour Relations Act 66 of 1995
- Public Service Act
- Resident Panellist Unit
- General Secretary
- Panellist
- Martin Gordon
- Department of Health KwaZulu Natal
- ZASCA