Labour Relations Act, 1995 (Act No. 66 of 1995)Commission for Conciliation, Mediation and ArbitrationRules for the Conduct of Proceedings before the CCMA, 2023Part Four: Arbitrations18. How to refer a request for arbitration to the Commission |
| (1) | A party may request the Commission to arbitrate a dispute by delivering a duly completed LRA form 7.13, which may include using the official Commission electronic referral online portals. |
| (2) | When referring a request by means other than the official Commission electronic referral online portals as set out in Schedule One, the requesting party must: |
| (a) | attach to the request, written proof, in accordance with Rule 6, that the request was served on the other parties to the dispute; |
| (b) | is required to attach to the request, an application for condonation if the request for condonation is referred after the relevant time limit has expired. |
| (3) | Despite Rule 18(2)(b) where a request has been referred out of time and if condonation has not been attached to the request, the Commission will decide whether the condonation will be determined at a hearing or by written submissions received from the parties. |
| (4) | This Rule does not apply to con-arb proceedings held in terms of section 191(5A) read together with Rule 17. |