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

Bargaining Council for the South African Road Passenger (SARPBAC)

Main Collective Agreement

Annexures

Annexure B : Dispute Resolution

14. Failure to Attend Proceedings

 

 

14.1 The Parties to a dispute must attend the conciliation,  Conciliation/Arbitration  or arbitration in person, irrespective of whether or not they are represented  by  third parties.

 

14.2 If a Party to a dispute fails to attend the dispute proceedings before SARPBAC, and that part
14.2.1 has referred the dispute to  SARPBAC,  a Commissioner  may dismiss the matter by issuing a written ruling or
14.2.2 has not referred the matter to SARPBAC, the Commissioner may:—
14.2.2.1 continue with the proceedings in the absence of that Party or
14.2.2.2 adjourn the proceedings to a later date not more than sixty (60) Days from such adjourned proceedings

 

14.3 A Commissioner must be satisfied that all Parties have been properly notified of the date, time and venue of the proceedings, before making any decision in terms of Clause 14(2).

 

14.4 If a Party or Parties fail to appear at the time scheduled for commencement of the arbitration hearing the Commissioner will postpone the proceedings for thirty (30) minutes. If a Party or Parties, after expiry of thirty (30) minutes, still fail to appear, the Commissioner will make a decision in terms of Clause 14(2).

 

14.5 If a matter is dismissed, SARPBAC must send a copy of the ruling to the parties.

 

14.6 The Commissioner may award costs in accordance with the provisions of Section 138(10) of the LRA, and shall be obliged to award costs against the Party whose non-attendance results in the matter being postponed, in the absence of such party providing compelling reasons for non-attendance.