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 F : Applications

32. How to refer a dismissal dispute to the Labour Court
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(1)An application in terms of section 191 (6) of the Act to refer a matter to the Labour Court, must be made within 14 days of the dispute being certified unresolved in conciliation.

 

(2)Notwithstanding sub-rule (1), a party that requests arbitration may not thereafter make an application in terms of section 191 (6).

 

(3)The application must state the grounds on which a party relies in requesting that the dispute be referred to the Labour Court.

 

(4)If any party to the dispute objects to the matter being referred to the Labour Court, that party must state the grounds for the objection within seven days of receipt of the application.

 

(5)The Council must notify the parties of its decision in terms of section 191 (8) within 14 days of receiving the objection.