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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI : Extension of Dispute Resolution Collective Agreement to Non-Parties

Dispute Resolution Collective Agreement for the Civil Engineering Industry

Annexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)

Chapter Three : Con-Arb in terms of Section 191(5A)

16. Conduct of con-arb in terms of section 191(5A)

Purchase

(1)

The Council must notify the parties in writing of a con-arb hearing at least fourteen (14) days prior the scheduled date, unless the parties agree to a shorter period or reasonable circumstances require a shorter period. Despite the provisions of Rule 3, the time period of fourteen (14) days runs from the date the notification is sent by the Council, unless sent by registered mail in which case an additional seven (7) days must be allowed.

(2)	A party who intends to object to a dispute being dealt with in terms of section 191(5A) must deliver a written notice of objection to the Council and the other party or parties at least seven (7) days prior to the scheduled date.

(3)	Sub-rule (2) does not apply to a dispute concerning the dismissal of an employee for any reason related to probation or to an unfair labour practice relating to probation.

(4)	If a party fails to appear or be represented at a hearing scheduled In terms of sub-rule (1) the Commissioner must conduct the conciliation on the date specified in the notice of set down.

(5)	Sub-rule (4) applies irrespective of whether a party has lodged a notice of objection in terms of sub-rule (2).

(6)	The provisions of these Rules that apply to conciliations and arbitrations, including rules on representation, apply with the changes required by the context to the conciliation and arbitration parts of con-arb proceedings respectively.

(7)	If the arbitration does not proceed or is not concluded on the scheduled date, the Council must schedule the matter for arbitration or for continuance of the arbitration by notifying the parties in accordance with Rule 20.