Housing Development Agency Act, 2008
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)Commission for Conciliation, Mediation and ArbitrationRules for the Conduct of Proceedings before the CCMAPart Four : Arbitrations20. When the parties must hold a pre-arbitration conference |
| (1) | The parties to an arbitration must hold a pre-arbitration conference dealing with the matters referred to in sub-rule (3), if: |
| (a) | both parties are represented by a trade union, employer’s organisation, legal practitioner and/or candidate attorney. |
| (b) | both parties agree to hold a pre-trial conference; or |
| (c) | directed to do so by the Convening Senior Commissioner, the Senior Commissioner in charge of a region or the presiding commissioner. |
| (2) | A pre-trial conference convened in terms of sub-rule (1)(a) and (b) must be convened at least fourteen (14) days prior to the date of the scheduled arbitration. |
| (3) | In a pre-arbitration conference, the parties must attempt to reach consensus on the following— |
| (a) | any means by which the dispute may be settled; |
| (b) | facts that are agreed between the parties; |
| (c) | facts that are in dispute; |
| (d) | the issues that the Commission is required to decide; |
| (e) | the precise relief claimed and if compensation is claimed, the amount of the compensation and how it is calculated; |
| (f) | the sharing and exchange of relevant documents, and the preparation of a bundle of documents in chronological order with each page numbered; |
| (g) | the manner in which documentary evidence is to be dealt with, including any agreement on the status of documents and whether documents, or parts of documents, will serve as evidence of what they appear to be; |
| (h) | whether evidence on affidavit will be admitted with or without the right of any party to cross-examine the person who made the affidavit; |
| (i) | which party must begin; |
| (j) | the necessity for any on-the-spot inspection; |
| (k) | securing the presence at the Commission of any witness; |
| (l) | the resolution of any preliminary points that are intended to be taken; |
| (m) | the exchange of witness statements; |
| (n) | expert evidence; |
| (o) | any other means by which the proceedings may be shortened; |
| (p) | an estimate of the time required for the hearing; |
| (q) | the right of representation; and |
| (r) | whether an interpreter is required and, if so, for how long and for which languages. |
| (4) | Unless a dispute is settled, the parties must draw up and sign a minute setting out the facts on which the parties agree or disagree. |
| (5) | A minute in terms of sub-rule (4) may also deal with any other matter listed in sub-rule (3). |
| (6) | The referring party must ensure that a copy of the pre-arbitration conference minute is delivered to the appointed commissioner seven (7) days prior to the date scheduled for the arbitration. |
| (7) | The commissioner may, after receiving a pre-arbitration minute— |
| (a) | direct the parties to hold a further pre-arbitration conference; and /or |
| (b) | issue any other directive to the parties concerning the conduct of the arbitration, including rescheduling the matter for hearing on another date. |
| (8) | The commissioner has a discretion to continue with the arbitration proceedings despite non-compliance with the provisions of sub-rule (1), (4), (5) and/or (6). However, any non-compliance may be taken into account when considering costs at the conclusion of the arbitration hearing. |
