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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension of Main Amending Collective Agreement to Non-parties

Annexure A : Rules for Conciliating and Arbitrating Disputes in the Building Industry Bargaining Council (Rules)

Arrangement of Rules

Part G : Predismissal Arbitrations

33. How to request a pre-dismissal arbitration in terms of section 188A of the Labour Relations Act, 1995
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(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 n 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).