Labour Relations Act, 1995 (Act No. 66 of 1995)Commission for Conciliation, Mediation and ArbitrationRules for the Conduct of Proceedings before the CCMA, 2023Part Three: Con-Arb in terms of Section 191(5A) of the Act17. Conduct of con-arb in terms of section 191(5A) of the Act |
| (1) | The Commission must notify the parties in writing of a con-arb hearing at least fourteen (14) days prior to the scheduled date, unless the parties agree to a shorter period or reasonable circumstances require a shorter period. If a notification is sent by registered mail an additional seven (7) days must be allowed. |
| (2) | A party that intends to object to a dispute being dealt with in terms of section 191(5A), must deliver a written notice to the Commission and the other party, at least seven (7) days prior to the scheduled date in terms of sub-rule (1). |
| (3) | Sub-rule (2) does not apply to: |
| (a) | a dispute relating to the dismissal of an employee for any reason related to probation or an unfair labour practice relating to probation; |
| (b) | a dispute relating to a compliance order referred in terms of section 69(5) of the BCEA; or |
| (c) | claims for failure to pay any amount owing referred in terms of section 73A of the BCEA |
| (4) | If a party fails to appear or to be represented at a hearing scheduled in terms of sub-rule (1): |
| (a) | The commissioner must conduct the conciliation on the date specified in the notification issued in terms of sub-rule (1), irrespective of whether a party has lodged a notice of objection in terms of sub-rule (2). |
| (b) | Where the provisions of sub-rule 3 are applicable or no notice of objection has been lodged in terms of sub-rule (2), the commissioner must commence with the arbitration immediately after certifying that the dispute remains unresolved. |
| (c) | Notwithstanding sub-rule 4(b), the commissioner having commenced the arbitration, retains a discretion, as contemplate in section 138(5) of the Act, to adjourn the proceedings to a later date. |
| (5) | The provisions of these Rules that are applicable to conciliation and arbitration respectively, including Rules on representation, apply with the changes required by the context to the conciliation and arbitration parts of con-arb proceedings respectively. |
| (6) | If the arbitration does not proceed or is not concluded on the date specified in terms of the notice in sub-rule (1), the Commission must schedule the matter for arbitration either in the presence of the parties or by notifying the parties in terms of Rule 21. |