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

Notices

National Bargaining Council for the Wood and Paper Sector

Extension of Collective Agreement on Conditions of Service : Pulp and Paper Sector to Non-parties

Annexure A : Conciliation and Arbitration Guidelines

7. Failure to attend conciliation proceedings

Purchase cart Previous page Return to chapter overview Next page

 

7.1. If the applicant party attends a scheduled conciliation meeting and the responding party does not, the Conciliator may—
(a) postpone the conciliation; or
(b) issue a certificate that the dispute has not been resolved.

Before issuing a certificate the Conciliator must be satisfied that the parties have received adequate notice of the place, date and time of the scheduled conciliation.

 

7.2. If the applicant party does not attend a scheduled conciliation meeting and the responding party does, the Conciliator may—
(a) postpone the proceedings; or
(b) dismiss the referral.

Before deciding to dismiss the referral, the Conciliator must be satisfied that the parties have received adequate notice of the place, date and time of the scheduled conciliation. if the referral has been dismissed, the Council must notify the parties that the referral has been dismissed.

 

7.3. If a referral has been dismissed because a party did not attend a scheduled conciliation, the applicant party may refer the dispute to the Council again under a fresh dispute referral form. If the dispute being referred is about the fairness of a dismissal, and if the 30-day time limit for referral has expired, the party must apply for condonation in terms of paragraph 3 above.