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

Annexures

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

Chapter Six : Applications

37. Application to refer a dismissal dispute to the Labour Court
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(1) An application in terms of section 191(6) of the Act to refer a matter to the Labour Court must be delivered—
(a)within ninety (90) days of a certificate that the dispute has not been resolved was issued; or
(b) by a party who has not requested arbitration, within fourteen (14) days of the date the referral to arbitration was filed.

 

(2) Despite sub-rule (1), a party who requests arbitration may not thereafter make an application in terms of section 191(6).

 

(3) The application 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 within seven (7) days of receipt of the application.

 

(5) The Council must notify the parties of its decision in terms of section 191(8) within fourteen (14) days after receipt of the objection.