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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI : Extension of Dispute Resolution Collective Agreement to Non-Parties

Dispute Resolution Collective Agreement for the Civil Engineering Industry

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

Chapter Four : Arbitrations

22. Postponement of an arbitration or any hearing other than conciliation
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(1) An arbitration must be postponed, and there is no need for the parties to appear, if all the parties to the proceedings agree in writing to a postponement and the written agreement is filed with the Council at least seven (7) days before the scheduled arbitration date.

 

(2) Where the parties agree to a postponement, but fail to file their written agreement to postpone at least seven (7) days before the arbitration date, as required in sub-rule (1), the parties will not be required to appear on the scheduled arbitration date, but may be held liable, in equal portions, for the arbitration costs incurred by the Council in respect of the day of the arbitration, unless good cause can be shown why the written agreement was filed late. The parties will be required to submit written representations to show good cause, which will be considered and determined by an independent commissioner.

 

(3) An arbitration may be postponed on application. Where the parties do not agree to a postponement in writing, any party to the dispute may apply for a postponement The application must be done in accordance with Rule 35 and the time periods in Rule 35 apply.

 

(4) The Council will appoint a commissioner to consider the application for postponement on the papers and the commissioner so appointed will issue a written ruling before the scheduled arbitration date.

 

(5) If an application for postponement is not delivered within the prescribed time, the parties have to attend the arbitration proceedings, at which time condonation for the late delivery and the postponement will have to be argued. Parties must be prepared to continue with the arbitration in the event that postponement is not granted.