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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension to Non-parties of the Main Consolidated Collective Agreement

Annexure A: Rules for Conciliating and Arbitrating disputes in the Building Industry Bargaining Council (Rules)

Part B: Conciliation of Disputes

12. What happens if a party fails to attend or is not represented at a conciliation hearing

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(1)	If a party to a dispute, that is not a mutual interest dispute, fails to attend in person or to be represented in terms of Rule 23(1)(a) at a conciliation hearing the Council arbitrator may—

(a)	continue with the proceedings;

(b)	adjourn the conciliation to a later date within the 30-day period; or

(c)	conclude the proceedings by issuing a certificate that the dispute remains unresolved.

(2)	In exercising a discretion in terms of sub-rule (1), a Council arbitrator should take into account, amongst other things—

(a)	whether the party has previously failed to attend a conciliation in respect of that dispute;

(b)	any reason given for that party's failure to attend;

(c)	whether conciliation can take place effectively in the absence of one or more of the parties;

(d)	the likely prejudice to the other party of the Council arbitrator's ruling; and

(e)	any other relevant factors.

(3)	In an interest dispute, if a party to the dispute fails to attend the conciliation hearing or be represented at the hearing, and that party—

(a)	had referred the dispute to the Council, a Council arbitrator may extend the conciliation period for another 30 (thirty) days and notify the parties of the extension in writing; or

(b)	had not referred the dispute to the Council, the Council arbitrator may immediately issue a certificate stating that the dispute remains unresolved.

(4)	A Council arbitrator must be satisfied that the party had been properly notified of the date, time and venue of the proceedings, before making any decision in terms of sub rule (3).