National Environmental Management Act, 1998 (107 of 1998)
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension to Non-parties of the Main Consolidated Collective AgreementAnnexure A: Rules for Conciliating and Arbitrating disputes in the Building Industry Bargaining Council (Rules)Part G: Pre-Dismissal Arbitrations32. How to request an inquiry in terms of section 188A of the Act |
| (1) | An employer requesting the Council to conduct an inquiry in terms of section 188A of the Act into allegations about an employees' conduct or capacity must do so by delivering a completed prescribed referral form to the Council. |
| (2) | The employee must sign the referral form consenting to the inquiry. If an employee has consented in terms of section 188A(4)(b)2, the referral form does not have to be signed by the employee, but a copy of the contract of employment containing the consent must be attached to the form. An employee may only consent to the inquiry if the employee has been advised of the allegations in sub rule (1). |
| (3) | When filing the referral form, the employer must pay the prescribed fee to the Council. Payment of the fee may only be made by electronic transfer into the bank account of the Council. |
| (4) | Within 14 (fourteen) days of receiving a request in terms of sub rule (1) and payment of the prescribed fee, the Council must notify the parties to the inquiry when and where the inquiry will be held. |
| (5) | Unless the parties agree otherwise, the Council must give the parties at least 14 (fourteen) days' notice of the commencement of the inquiry. |
| (6) | The Council will only be required to refund the fee paid in terms of sub rule (3), if the Council is notified of the resolution of the matter prior to issuing a notice in terms of sub rule (4). |
| (7) | If an employee alleges in good faith that the holding of an inquiry contravenes the Protected Disclosures Act, that employee or the employer may require an inquiry to be conducted in terms this rule. |
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2 Only an employee whose earnings exceed the amount determined by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act, (currently R211,596.30 per annum) may consent to an inquiry in a contract of employment.
