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 G: Pre-Dismissal Arbitrations33. How to request a pre-dismissal arbitration in terms of section 188A of the Act |
| (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), the referral form does not have to be signed by the employee, but the 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 be made only by— |
| (a) | bank guaranteed cheque; or |
| (b) | electronic transfer into the bank account of the Council. |
| (4) | Within 14 days of receiving a request in terms of subrule (1) and payment of the prescribed fee, the Council must notify the parties to the pre-dismissal arbitration of when and where the pre-dismissal arbitration will be held. |
| (5) | Unless the parties agree otherwise, the Council must give the parties at least 14 days' notice of the commencement of the pre-dismissal arbitration. |
| (6) | The Council will be required to refund a fee paid in terms of subrule (3), only if the Council is notified of the resolution of the matter prior to issuing a notice in terms of subrule (4). |