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 Seven : Inquiry in terms of Section 188A

38. Inquiry by arbitrator in terms of section 188A
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(1) An employer requesting the Council to conduct an inquiry in terms of section 188A of the Act must do so by delivering a completed LRA Form 7.19 to the Council.

 

(2) The employee must sign the LRA Form 7.19 to indicate his or her consent to an inquiry by an arbitrator, unless—
(a) the employee earns more than the amount determined by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act (BCEA) and has consented in terms of section 188A(4) to the inquiry in his or her contract of employment, in which case a copy of the contract must be attached to LRA Form 7.19; or
(b) the employee is bound by a collective agreement that provides for a section 188A inquiry, in which case a copy of the collective agreement must be attached to LRA Form 7.19;

 

(3) When filing the LRA Form 7.19 the employer must pay an arbitration fee of R6 000 (six thousand rand) per day in respect of all the days the inquiry is likely to be scheduled to the Council by way of a bank guaranteed cheque or by electronic transfer into the banking account of the Council.

 

(4) Within seven (7) days of receipt of a completed LRA Form 7.19 which complies with sub-rule (2) and payment of the prescribed fee in terms of sub-rule (3), the Council must notify the parties of the date, time and venue of the inquiry.

 

(5) Unless the parties agree otherwise, the Council must give the parties at least seven (7) days' notice of the inquiry.

 

(6) The Council will be required to refund a fee paid in terms of sub-rule (3) only if the Council is notified of the resolution of the matter prior to enrolling the matter for an inquiry and issuing a notice to the parties in terms of sub-rule (4).