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 G : Predismissal Arbitrations33. How to request a pre-dismissal arbitration in terms of section 188A of the Act |
| (1) | An employer requesting the Council to conduct a pre-dismissal arbitration must do so by delivering a completed referral form to the Council. |
| (2) | The employee must sign the referral form consenting to pre-dismissal arbitration. If an employee has consented in terms of section 188A(4)(b)1, the referral form does not have to be signed by the employee, but a copy of the contract containing the consent must be attached to the form. |
| (3) | When filing the referral form, the employer must pay the prescribed fee to the Council. Payment of the fee may only be made by— |
| (a) | bank guaranteed cheque; or |
| (b) | electronic transfer into the bank account of the Council. |
| (4) | Within 14 days of receiving a request in terms of sub-rule (1) and payment of the prescribed fee, the Council must notify the parties to the pre-dismissal arbitration when and where the pre-dismissal arbitration will be. |
| (5) | Unless the parties agree otherwise, the Council must give the parties at least 14 days" notice of the held. |
commencement of the pre-dismissal arbitration.
| (6) | The Council will be required to refund a fee paid in terms of sub-rule (3), only if the Council is notified of the resolution of the matter prior to issuing a notice in terms of sub-rule (4). |