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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Food Retail, Restaurant, Catering and Allied Trades

Extension to Non-parties of the Main Collective Agreement

Annexures

Annexure G : Rules for Conciliation and Arbitrating Disputes : Bargaining Council for the Food Retail, Restaurant, Catering and Allied Trades

Part E : Rules that apply to conciliations, arbitrations and con-arbs

28. What happens if a party fails to attend proceedings in rights disputes

 

(1) In a rights dispute, if a party to a dispute fails to attend or be represented at any proceedings before the Council, and that party—
(a) has referred the dispute to the Council, a Council commissioner may dismiss the matter by making an order; or
(b) has not referred the matter to the Council, the Council commissioner may—
(i) continue with the proceedings in the absence of that party; or
(ii) adjourn the proceedings to a later date.

 

(2) A Council commissioner must be satisfied that the party has been properly notified of the date, time and venue of the proceedings, before making any decision in terms of subrule (1).

 

(3) If a matter is dismissed, the Council must send a copy of the ruling to the parties.