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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

26. The Commission as a Court of Record in Arbitration Proceedings

 

 

1) The Commission must keep a record of-
i) any evidence given in an arbitration hearing; and
ii) any arbitration award or ruling made by a commissioner.

 

2) The record may be kept as handwritten notes or an electronic recording.

 

3) After the person who made the handwritten notes or electronic recording has certified it as correct, it must be filed with the provincial registrar.

 

4) A party to the arbitration proceedings may request a copy of the transcript of the handwritten notes, the recording or a portion of the recording, upon payment of the cost, of transcribing the notes, recording and/or portion of the recording.

 

5) After the person who made the transcript of the handwritten notes, recording and/or portion of the recording has certified that it is correct, the transcript of the handwritten notes and/or the electronic recoding must be returned to the provincial registrar.

 

6) The transcript of the handwritten notes and/or electronic recording so certified as correct will serve as prima facie proof of its correctness unless the Labour Court decides otherwise.