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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

8. Referral for Arbitration

 

 

1) A referral of a dispute to arbitration must be in accordance with regulation 11(1) of the Regulations in the form of LRA Form 7.13 ("the referral document") and must be signed by the referring party.

 

2) The referring party, must attach to the referral document written proof, as set out in rule 3.2, that the referral document was served on the other party/parties to the dispute.

 

3) If it is necessary to apply for condonation because the referral for arbitration is being served out of time, the referring party must comply with the provisions of rule 19 and set out the grounds on which condonation is sought by attaching to the referral document details of the following:
a) the degree of lateness;
b) the reasons for the lateness;
c) the referring party’s prospects of succeeding with the referral and obtaining the relief sought against the other party; and
d) the balance of convenience, including any prejudice to the other party.

 

4) The Commission must refuse to accept a referral document until such time as rule 8.1 to 8.3 have been complied with.