National Environmental Management Act, 1998 (107 of 1998)
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Civil Engineering IndustryBCCEI: Dispute Resolution Collective AgreementExtension of Dispute Resolution Collective Agreement to Non-partiesAnnexuresAnnexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)Chapter Four : Arbitrations19. Pre-arbitration conference |
| (1) | The parties to an arbitration must— |
| (a) | endeavour in good faith to conduct a pre-arbitration conference; or |
| (b) | the parties may agree to hold a pre-arbitration conference; or |
| (c) | if so directed by a commissioner, the parties must conduct a pre-arbitration conference and file a minute with the Council in accordance with sub-rules (3) and (4). |
| (2) | When parties conduct a pre-arbitration conference they must deal with the matters— |
| (a) | any means by which the dispute may be settled; |
| (b) | facts that are agreed between the parties; |
| (c) | facts that are in dispute; |
| (d) | the issues that the arbitrating commissioner is required to decide; |
| (e) | the relief claimed and if compensation is claimed, the amount of the compensation and how it is calculated; |
| (f) | the sharing and exchange of relevant documents and the preparation of bundles of documents in chronological order with each page numbered; |
| (g) | the manner in which documentary evidence is to be dealt with, including any agreement on the status of documents and whether documents, or parts of documents, will serve as evidence; |
| (h) | whether evidence on affidavit will be admitted with or without the deponent of the affidavit testifying and the other party cross-examining him or her; |
| (i) | which party must begin; |
| (j) | the necessity for any on-the-spot inspection; |
| (k) | securing the presence of any witness at the venue appointed by the Council; |
| (I) | the raising and/or resolution of any preliminary points that are intended to be taken; |
| (m) | the exchange of witness statements; |
| (n) | expert evidence; |
| (o) | any other means by which the proceedings may be expedited; |
| (p) | an estimate of the time required for the hearing; |
| (q) | the right of representation; and |
| (r) | whether an interpreter is required and, if so, for how long and for which of the official South African languages. |
| (3) | Unless a dispute is settled, the parties must draw up and sign a minute, setting out the issues referred to in sub-rule (2) and indicating their agreement or disagreement on those issues. |
| (4) | The referring party must ensure that a copy of the pre-arbitration conference minute is filed with the Council within seven (7) days of the conclusion of the pre-arbitration conference or as directed by the Council or a commissioner. |
| (5) | The Council or commissioner may, after receiving a pre-arbitration minute— |
| (a) | enroll the matter for arbitration; |
| (b) | direct the parties to hold a further pre-arbitration conference; or |
| (c) | issue any other directive to the parties concerning the conduct of the arbitration. |
