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: Arbitrations23. How to postpone an arbitration |
| (1) | Subject to sub-rules (2) - (6), an arbitration may be postponed— |
| (a) | if the Commission is satisfied that there is written confirmation to postpone by both parties; or |
| (b) | by application to the Commission and on notice to the other parties in terms of sub-rule (3). |
| (2) | The Commission may postpone an arbitration without the parties appearing if: |
| (a) | all the parties to the dispute confirm in writing that they agree to the postponement; and |
| (b) | the written confirmation for the postponement is received by the Commission at least seven (7) days prior to the scheduled date of the arbitration. |
| (3) | If the conditions of sub-rule (2) are not met, any party may apply in terms of Rule 31 to postpone an arbitration by delivering an application to the other parties to the dispute and filing a copy with the Commission before the scheduled date of the arbitration. |
| (4) | After considering the written application or confirmation, the Commission may— |
| (a) | without convening a hearing, determine whether or not to postpone the matter; or |
| (b) | convene a hearing to determine whether to postpone the matter; or |
| (c) | determine the application in any manner the Commission deems fit. |
| (5) | There is no right to postponement and arbitration will proceed as scheduled unless the Commission or commissioner notifies the parties that the matter has been postponed. |