Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension of Main Amending Collective Agreement to Non-partiesAnnexure A : Rules for Conciliating and Arbitrating Disputes in the Building Industry Bargaining Council (Rules)Arrangement of RulesPart C : Con-Arb16. Conduct of con-arb in terms of section 191(5A) of the Labour Relations Act, 1995 |
| (1) | The Council must give the parties at least 14 days' written notice that a matter has been scheduled for con-arb in terms of section 191(5A) of the Labour Relations Act. 1995. |
| (2) | A party that intends to abject to a dispute being dealt with in terms of section 191 (5A) must serve a written notice on the Council and the other party, at least seven days prior to the scheduled date in terms of sub rule (1). |
| (3) | Sub rule (2) does not apply to a dispute concerning— |
| (a) | the dismissal of an employee for any reason related to probation: or |
| (b) | an unfair labour practice relating to probation. |
| (4) | If the respondent party fails to appear or to be represented at a hearing schedule in terms of sub rule (1), the Council commissioner must conduct the con-arb on the date specified in the notice issued in terms of sub rule (1) or adjourn the proceeding until a later date. |
| (5) | Sub rule (4) applies irrespective of whether or not a party has lodged a notice of objection in terms of sub rule (2). |
| (6) | The provisions of the Labour Relations Act, 1995 and these Rules that are applicable to conciliation and arbitration, respectively apply, with the changes required by the context, to con-arb proceedings, |
| (7) | If the arbitration does not commence on the dates specified in terms of the notice referred to in sub rule (1), the Council must schedule the matter for arbitration either in the presence of the parties or by issuing a notice in terms of rule 20, |