Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension to Non-parties of the Main Consolidated Collective AgreementAnnexure A: Rules for Conciliating and Arbitrating disputes in the Building Industry Bargaining Council (Rules)Part F: Applications31. How to refer a dismissal dispute to the Labour Court |
| (1) | An application in terms of section 191(6) of the Act to refer a matter to the Labour Court, must be delivered within 90 (ninety) days of a certificate being issued that the dispute was not resolved through conciliation. |
| (2) | Notwithstanding sub rule (1), a party that requests arbitration may not thereafter make an application in terms of section 191(6) of the Act. |
| (3) | The application in terms of section 191(6) of the Act must state the grounds on which a party relies in requesting that the dispute be referred to the Labour Court. |
| (4) | If any party to the dispute objects to the matter being referred to the Labour Court, that party must state the grounds for the objection in terms of section 191(7) of the Act within 7 (seven) days of receipt of the application. |
| (5) | The Council must notify the parties of the decision in terms of section 191(8) of the Act within 14 (fourteen) days of receiving the objection. |
| (6) | In the event that the request has been granted, the party who applied for the referral to the Labour Court must refer the matter to the Labour Court in terms of the Labour Court Rules. |