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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Re-enactment and Amendment of Main Collective Agreement

Annexure A : Rules for Conciliating and Arbitrating Disputes in the Building Industry Bargaining Council (Rules)

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 the dispute fails to attend or be represented at any proceedings before the Council, and that party—
(a) had referred the dispute to the Council, a Council commissioner may dismiss the matter by making an order; or
(b) had 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 had been properly notified of the date, time and venue of the proceedings, before making any decision in terms of sub-rule (1).

 

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

 

 


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