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

Commission for Conciliation, Mediation and Arbitration

Code of Conduct for Commissioners

6. Post-hearing

Purchase cart Previous page Return to chapter overview Next page

 

6.1Commissioners should not disclose a prospective award to either party prior to it being issued by the CCMA to both parties.

 

6.2Commissioners issuing advisory or binding awards may have regard to other arbitrators' awards, decided cases or independent research but must assume full and unimpaired responsibility in each matter for the decision reached.

 

6.3Commissioners' awards should be definite, certain and as concise as possible.

 

6.4No clarification or interpretation of an award is permissible without the consent of both parties, other than in circumstances justified in law.

 

6.5Under agreements which permit or require clarification or interpretation of an award, commissioners shall afford each party an opportunity to be heard.

 

6.6Commissioners must study any review instituted of any award or other ruling that they have made and, if necessary, file an affidavit dealing with any issue raised in the review.

 

6.7Commissioners must cooperate with the CCMA In ensuring that a record of any arbitration proceedings In respect of which a review is instituted is filed with the Court timeously.