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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Re-enactment and Amendment of Main Collective Agreement

Annexure A : Rules for Conciliating and Arbitrating Disputes in the Building Industry Bargaining Council (Rules)

Part E : Rules that apply to Conciliations, Arbitrations and Con-arbs

28. What happens if a party fails to attend proceedings in rights disputes
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(1)In a rights dispute, if a party to the dispute fails to attend or be represented at any proceedings before the Council, and that party—
(a)had referred the dispute to the Council, a Council commissioner may dismiss the matter by making an order; or
(b)had not referred the matter to the Council, the Council commissioner may—
(i)continue with the proceedings in the absence of that party; or
(ii)adjourn the proceedings to a later date.

 

(2)A Council commissioner must be satisfied that the party had been properly notified of the date, time and venue of the proceedings, before making any decision in terms of sub-rule (1).

 

(3)If a matter is dismissed, the Council must send a copy of the ruling to the parties.