REFERRING A DISPUTE TO THE TRANSNET BARGAINING COUNCIL 1. FOR CONCILIATION, 2. FOR ARBITRATION OR 3. FOR CON-ARB

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1 IMPORTNT RED THIS FIRST REFERRING DISPUTE TO THE TRNSNET BRGINING COUNCIL WHT IS THE PURPOSE OF THIS FORM? This form assists a person or organisation refers a dispute to the TBC. WHO FILLS IN THIS FORM? Employer, Union or employee WHERE DOES THIS FORM GO? To the Secretary, Transnet Bargaining Council, P.O. Box 2951, Houghton, 2041, Fax no.: (011) copy of this form must e served to the other party. OTHER INSTRUCTIONS INCOMPLETE Transnet Bargaining Council is a single employer Bargaining Council, covering only Transnet and its employees. If you are not working for Transnet you may have to refer your dispute to the CCM, another council or other appropriate ody. DDRESSED TO: 1. FOR CONCILITION, 2. FOR RBITRTION OR 3. FOR CON-RB MR M MSHIY GENERL SECRETRY TRNSNET BRGINING COUNCIL P.O. BOX 2951 HOUGHTON Tel. (011) /8 Fax. (011) / secretary@tc.co.za Ø PLESE COMPLETE LL SUBTITLES IN FULL Ø PLESE COMPLETE IN CLER CPITL LETTERS. Ø INCOMPLETE FORMS WILL BE RETURNED S WELL S THOSE FORMS THT DO NOT HVE THE TTCHED PROOF OF BEING SERVED ON THE OTHER PRTY. UPDTED VERSSION> 2010 JUNE/ Form Referral and misconduct aritration document

2 1) DETILS OF PRTY REFERRING THE DISPUTE Tick one ox s the referring party, are you? n employee a Trade Union an employer If more than one party is referring the dispute, write their details on a separate page and staple it to this form. (a) Detail of the referring party if the referring party is a Trade Union or an Employer Your contact details Name:. ID Numer:. ddress: Postal Code:.. Tel:... Cell: Contact person:. lternate contact details of employee: Name:. Postal ddress:. Postal Code:.. Tel:... Cell: () Details of the party/employee on whose ehalf the dispute is eing referred or details if the referring party is a non-unionised employee Your name:. Name of Trade Union:. Employee Numer: Grade:.. Employee ddress:.. Tel:... Fax: Depot:... lternative contact details of employee (e.g. relative or a friend): Name:. ddress:. Tel:... Fax: UPDTED VERSSION> 2010 JUNE/ Form Referral and misconduct aritration document

3 2) DETILS OF OTHER PRTY (THE OPPOSING PRTY) Tick one ox The other party is: an employee a Trade Union an employer If more than one other party is involved in the dispute, write their details on a separate page and staple it to this form. Name:.. ddress:. Postal Code : Tel: Fax: Name of person dealing with the matter and other party s reference numer (if known): If the dispute concerns an alleged unfair dismissal you must also tick the lock descriing the type of dismissal. 3) NTURE OF THE DISPUTE What is the dispute aout (tick only one ox)? Unfair Dismissal why were Unfair Laour Practice you dismissed? For misconduct Promotion, demotion, proation, training or provision of enefit, Operational Requirements Unfair suspension or discipline (retrenchment) short of dismissal For incapacity Failure to reinstate or re-employ in terms of agreement Constructive dismissal Contravention of Protected Disclosures ct, 2000 Unknown reason (Give details) Unilateral change to terms and conditions of employment Interpretation/pplication of Collective greement Freedom of ssociation Refusal to Bargain Mutual Interest Severance pay (S41 BCE) S80 BCE Other (please descrie) UPDTED VERSSION> 2010 JUNE/ Form Referral and misconduct aritration document

4 Summarise the facts of the dispute you are referring:.... Special features might e the urgency of a matter, the large numer of people involved, important legal or laour issues etc. Dismissal disputes must e referred (i.e. received y the Transnet Bargaining Council) within 30 days of dismissal or if it is a later date within 30 days of the employer making a final decision to dismiss or to uphold the dismissal. If more than 30 days has elapsed since the date of the dismissal, you are required to apply for condonation. 4) SPECIL FETURES (IF NY) I/we would like to ring the following special features of this dispute to the attention of the Secretary: 5) DTE OF DISPUTE (c) (a) The dispute arose on: (give the date, or approximate date) () Date of dismissal:... (Date) Was dismissal related to proation? How were you informed of your dismissal? In writing Orally Y ES N Other Unfair laour practice disputes must e referred to the Transnet Bargaining Council within 90 days of your ecoming aware of the act or omission giving rise to the unfair laour practice. If more than 90 days have elapsed, you are required to apply for condonation (d) In the case of an UNFIR LBOUR PRCTICE dispute: When did the act or omission giving rise to the unfair laour practice occur?... Date) 6) COMMENCEMENT OF EMPLOYMENT When did you start working for the employer?... UPDTED VERSSION> 2010 JUNE/ Form Referral and misconduct aritration document

5 7) DETILS OF DISPUTE PROCEDURES FOLLOWED (a) Have you followed all internal grievance/disciplinary YES NO Procedures efore coming to the Transnet Bargaining Council? Descrie the procedures followed:... () In the case of a dismissal dispute - (i) Was the dismissal procedurally fair? YES NO If no, why?.... (ii) Was the dismissal sustantively fair? YES NO If no, why?.... 8) BUSINESS UNIT ND REGION The dispute exists in the following Business Unit : Tick one ox only Transnet Freight Rail Transnet Group Services Transnet National Ports uthority Transnet Pipelines Transnet Port Terminals Transnet Rail Engineering Transnet Properties / Propnet Transnet Projects Others (specify):.. The dispute exists in which region? Tick one ox Eastern Cape Limpopo North West Free State Mpumalanga Western Cape Gauteng National Kwa-Zulu Natal Northern Cape Where did the dispute arise? Usually this will e the address of the workplace / region ddress in the region: UPDTED VERSSION> 2010 JUNE/ Form Referral and misconduct aritration document

6 If you ticked TRNSNET FREIGHT RIL in the ox aove: Tick one ox Functional rea: Security Coal Line Infrastructure Ore line Resource Management Intermodal & utomotive Finance Operations Other (Specify) Other (specify):. Where did the dispute arise? Usually this will e the address of the workplace / functional department. ddress in the functional area (if it differs from paragraph 2): 9) INTERPRETER SERVICE Do you require an interpreter? If yes please indicate which language: frikaans Sepedi Tshivenda Isindeele Sesotho Xitsonga Isixhosa Isizulu Setswana Isiswati Descrie the outcome or result you would like from this referral. You are not ound y the proposals you make here. Only fill this in if this is a dispute aout unilateral change to terms and conditions of employment. The Con-r process involves aritration eing held immediately after the conciliation if the dispute remains unresolved. 10) DESIRED OUTCOME The outcome I/we would like: 11) DISPUTE BOUT UNILTERL CHNGE TO TERMS ND CONDITIONS OF EMPLOYMENT [S64(4)] I/we require that the employer party not implement unilaterally the proposed changes that led to this dispute for 30 days, or that it restore the terms and conditions of employment that applied efore the change. Signed:... (Referring Party) 12) OBJECTION TO CON-RB PROCESS I/we oject to the aritration commencing immediately after the conciliation in terms of Section 191(5) (c). Signed:. If any party ojects to the aritration commencing immediately after the conciliation the party must sumit a written notice in terms of the Bargaining Council Rules at least 7 days prior to the scheduled date of the conciliation. The parties must attend the conciliation regardless of whether it makes this ojection. UPDTED VERSSION> 2010 JUNE/ Form Referral and misconduct aritration document

7 Proof that a copy of this form has een sent could e: a copy of a Registered slip from the Post Office; a copy of a signed receipt if handdelivered; a signed statement confirming service y the person delivering the form; or copy of a fax confirmation slip. 13) INFORMING THE OTHER PRTY copy of this form has een sent to the other party to the dispute. Proof of this is attached to this form. Signed at Date: Referring Party URGENT TTENTION!!!!!!!!!!!!! DID YOU COMPLETE? INDICTE WITH TICK Ø DETILS OF TRDE UNION Ø DETILS OF EMPLOYER Ø DETILS OF EMPLOYEE Ø NTURE OF DISPUTE Ø DTE OF DISPUTE Ø DESIRED OUTCOME Ø PROOF OF SERVICE UPDTED VERSSION> 2010 JUNE/ Form Referral and misconduct aritration document