Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Food Retail, Restaurant, Catering and Allied TradesExtension to Non-parties of the Main Collective AgreementAnnexuresAnnexure G - Rules for Conciliation and Arbitrating Disputes in the Bargaining Council for the Food Retail, Restaurant, Catering and Allied TradesPart C: Con-Arb16. Conduct of con-arb in terms of section 191(5A) of the Act |
| (1) | The Council must give the parties at least 14 days' notice in writing that a matter has been scheduled for con-arb in terms of section 191(5A) of the Act. |
| (2) | A party that intends to object 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 subrule (1). |
| (3) | Subrule (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 be represented at a hearing scheduled in terms of subrule (1), the Council commissioner must conduct the con-arb on the date specified in the notice issued in terms of subrule (1) or adjourn the proceedings till a later date. |
| (5) | Subrule (4) applies irrespective of whether a party has lodged a notice of objection in terms of subrule (2). |
| (6) | The provisions of the Act 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 subrule (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. |