Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the South African Road Passenger (SARPBAC)Extension to Non-Parties of the Main Collective AgreementAnnexuresAnnexure B : Dispute Resolution14. 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 party. |
| 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. |