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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, 2023

Part Four: Arbitrations

18. How to refer a request for arbitration to the Commission

 

(1) A  party may request the Commission to arbitrate a dispute by delivering a duly completed LRA form 7.13, which may include using the official Commission electronic referral online portals.

 

(2) When  referring a request  by means other than the official Commission electronic referral online portals as set out in Schedule One, the requesting party must:
(a) attach to the request, written proof, in accordance with Rule 6, that the request was served on the other parties to the dispute;
(b) is required to attach to the request, an application for condonation if the request for condonation is referred after the relevant time limit has expired.

 

(3) Despite Rule 18(2)(b) where a request has been referred out of time and if condonation has not been attached to the request, the Commission will decide whether the condonation will be determined at a hearing or by written submissions received from the parties.

 

(4) This Rule does not apply to con-arb proceedings held in terms of section 191(5A) read together with Rule 17.