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

Commission for Conciliation, Mediation and Arbitration

Rules regulating the Practice and Procedure for Resolving Disputes

25. Application to refer a Dismissal Dispute to the Labour Court


1) An application contemplated in section 191(6) of the Act must be served and filed with the Commission within the time prescribed for delivering a request for arbitration or within five days of the referral for arbitration, whichever is the later.


2) The application must state the grounds on which a party relies in requesting that the dispute be referred to the Labour Court.


3) If any party to the dispute objects to the matter being referred to the Labour Court, that party must state the grounds for the objection within five days of receipt of the application.


4) Within ten days from the date on which the objection was filed or should have been filed, the Commission must notify the parties of its decision in terms of section 191(8).