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

Commission for Conciliation, Mediation and Arbitration

Rules for the Conduct of Proceedings before the CCMA

Part Four : Arbitrations

23. How to postpone an arbitration

 

 

(1) An arbitration may be postponed—
(a) by written agreement between the parties; or
(b) by application and on notice to the other parties in terms of sub-rule (3).

 

(2) The Commission must postpone an arbitration without the parties appearing if—
(a) all the parties to the dispute agree in writing to the postponement; and
(b) the written agreement for the postponement is received by the Commission more than seven (7) days prior to the scheduled date of the arbitration.

 

(3) If the conditions of sub-rule (2) are not met, any party may apply in terms of Rule 31 to postpone an arbitration by delivering an application to the other parties to the dispute and filing a copy with the Commission before the scheduled date of the arbitration.

 

(4) After considering the written application, the Commission may—
(a) without convening a hearing, postpone the matter; or
(b) convene a hearing to determine whether to postpone the matter.