Dave your comments in the thread regarding the Consumer Protection Act and my reading a report on the status of the CCMA gave me an idea.

The Con/Arb process was initiated in order to speed up the process by nature of the fact that the whole issue could be concluded in a day rather than conciliate and then return another day. Arguably, in my view, this had an opposite effect. I for one always advise employers to object to con/arb and the process is therefore split. This is not as a time delay tactic but rather one of reasoning. If the arb is going to take place, then all the parties need to be prepped and present, all costing money. It also reduces the chance of settling as the costs for preparing have been incurred. By only having the conciliation, there are no preparation costs and that budget is available for settling. In addition pretty much anyone can be sent to the conciliation.
Now to return to the idea of pre screening or some such idea -
my thought is to have the conciliation act as a form of pre trial/pre screening. If the parties can not settle instantly the commisioner then asks for some facts, with written supporting documents being allowed. Anything presented is not priveleged and is available at arbitration (that is if you bring faked or documents that are unsubstantiated you will face problems later)Perhaps by extending this fact searching mission the commisioner could then make certain rulings. If the employees case looks extremely frivolous or without foundation make a ruling throwing it out. eg employee was caught on camera stealing R1000. The applicant can still bring the matter to arbitration but perhaps must pay a cost order deposit of say R1000. Where the Commisioner feels that the applicant has a weak case or is being unreasonable at the offer on the table, eg applicant has 4 months service, 3 warnings for time keeping and was then dismissed and is unlikely to get more than 3 months as an award IF successful. Employer is offering 6 weeks or 2 months. The commisioner makes an advisory type ruling and applicant must lodge R500 towards costs.

In turn if the matter does go to arbitration the commisioner must take these previous actions or recomendations into account when deciding on costs orders.
Perhaps an idea worth exploring.