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 E: Rules that apply to Conciliations, Arbitrations and Con-Arbs

28. What happens if a party fails to attend arbitration proceedings
Purchase cart Previous page Return to chapter overview Next page

 

(1)If a party to a dispute fails to attend or be represented at any arbitration proceedings before the Council, and that party—
(a)had referred the dispute to the Council, a Council arbitrator may dismiss the matter by issuing a written ruling; or
(b)had not referred the matter to the Council,the Council arbitrator may—
(i)continue with the proceedings in the absence of that party; or
(ii) adjourn the proceedings to a later date.

 

(2) 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 (1).

 

(3) If a matter is dismissed, the Council must send a copy of the ruling to the parties.