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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI: Dispute Resolution Collective Agreement

Extension of Dispute Resolution Collective Agreement to Non-parties

Annexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)

Chapter Five : Rules that apply to conciliations, arbitrations and other proceedings

30. Failure to attend proceedings
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(1)If both the referring party and his or her representative fail to attend conciliation proceedings, the commissioner must conclude the proceedings by issuing a certificate to the effect that a dispute remains unresolved.

 

(2)If the party opposing the dispute and its representative  fail to attend the conciliation proceedings, the Commissioner  must issue a certificate to the effect that the dispute remains unresolved or, in the case of a mutual interest dispute, postpone the proceedings to a later date, provided that such a postponement falls within the 30-day conciliation period as provided for in section 135(2) of the Act and provided, further, that there is a compelling reason for such a postponement.

 

(3)If the referring party and his or her representative fail to attend an arbitration hearing or any proceedings before the council other than conciliation, the Commissioner must dismiss the matter, unless the referring party or his or her representative has provided, before the commencement of the proceedings, justifiable and acceptable reasons for not attending the proceedings.

 

(4)If the party opposing the dispute that has been referred to arbitration or opposing any issue that has been referred to the Council for proceedings other than conciliation fails to attend, the Commissioner may continue with the proceedings in the absence of the opposing party and his or her representative or may, on good cause shown, postpone the proceedings to a later date.

 

(5)Any postponement or dismissal of a matter in terms of this Rule must be confirmed by the Commissioner in writing and the written ruling must be served by the Council on the parties.