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

Commission for Conciliation, Mediation and Arbitration

Code of Conduct for Commissioners

6. Post-hearing

 

 

6.1 Commissioners should not disclose a prospective award to either party prior to it being issued by the CCMA to both parties.

 

6.2 Commissioners issuing advisory or binding awards may have regard to other arbitrators' awards, decided cases or independent research but must assume full and unimpaired responsibility in each matter for the decision reached.

 

6.3 Commissioners' awards should be definite, certain and as concise as possible.

 

6.4 No clarification or interpretation of an award is permissible without the consent of both parties, other than in circumstances justified in law.

 

6.5 Under agreements which permit or require clarification or interpretation of an award, commissioners shall afford each party an opportunity to be heard.

 

6.6 Commissioners must study any review instituted of any award or other ruling that they have made and, if necessary, file an affidavit dealing with any issue raised in the review.

 

6.7 Commissioners must cooperate with the CCMA In ensuring that a record of any arbitration proceedings In respect of which a review is instituted is filed with the Court timeously.