Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeRe-enactment and Amendment of Main Collective AgreementAnnexure A : Rules for Conciliating and Arbitrating Disputes in the Building Industry Bargaining Council (Rules)Part C : Con-arb16. Conduct of con-arb in terms of section 191 (5A) of the Act |
| (1) | The Council must give the parties at least 14 days" written notice that a matter has been scheduled for con-arb in terms of section 191 (5A) of the Act. |
| (2) | A party that intends to object to a dispute being dealt with in terms of section 191 (5A) must serve a written notice on the Council and the other party, at least seven days prior to the scheduled date in terms of sub-rule (1). |
| (3) | Sub-rule (2) does not apply to a dispute concerning— |
| (a) | the dismissal of an employee for any reason related to probation; or |
| (b) | an unfair labour practice relating to probation. |
| (4) | If the respondent party fails to appear or to be represented at a hearing schedule in terms of sub-rule (1), the Council commissioner must conduct the con-arb on the date specified in the notice issued in terms of sub-rule (1) or adjourn the proceeding until a later date. |
| (5) | Sub-rule (4) applies irrespective of whether or not a party has lodged a notice of objection in terms of sub-rule (2). |
| (6) | The provisions of the Act and these Rules that are applicable to conciliation and arbitration, respectively apply, with the changes required by the context, to con-arb proceedings. |
| (7) | If the arbitration does not commence on the dates specified in terms of the notice referred to in sub-rule (1), the Council must schedule the matter for arbitration either in the presence of the parties or by issuing a notice in terms of rule 20. |