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

Commission for Conciliation, Mediation and Arbitration

Rules for the Conduct of Proceedings before the CCMA, 2023

Part Four: Arbitrations

19. When must the parties file statements

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(1)The Commission or a commissioner may direct—
(a)the requesting party in an arbitration to deliver a statement of case; and
(b)the other parties to deliver an answering statement or affidavit.

 

(2)A statement in terms of sub-rule (1) must—
(a)set out the material facts upon which the party relies and the legal issues that arise from the material facts; and
(b)be delivered within the time-period  specified by the Commission or commissioner.

 

(3)The commissioner has a discretion to continue with the matter despite non-compliance with a directive of the Commission or commissioner in terms of sub-rule (1). However, any non-compliance may be taken into account when considering costs at the conclusion of the arbitration hearing.