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

Notices

South African Road Passenger Bargaining Council

Extension to Non-Parties of the Main Collective Agreement

Annexures

Annexure B : Dispute Resolution

23. Costs

Purchase

23.1

The Council must, subject to paragraph 23.2, pay the fees and costs of the conciliators and arbitrators in the proceedings. Each party to the dispute must pay Its own costs with regard to travelling, meals, legal representation (if applicable), witness fees (if applicable) and other related expenses.

23.2	Costs may be awarded on application of a party, or of the panellist's own accord after hearing the parties. Costs may be awarded on the following grounds:

(a)	If the panellist is satisfied that the referral was made or defended vexatiously or without reasonable cause; or

(b)	Any time during the proceedings, where a party has caused unreasonable delays; or

(c)	If the panellist is satisfied that a party, or a person who represented that party in the proceedings acted in a manner seriously compromising the proceedings; or

(d)	If a proceeding is adjourned or dismissed because a party to the dispute failed to attend or to be represented at the proceedings; or

(e)	Enforcement cost as directed through Arbitration process.

(f)	Any other grounds specified In the SARPBAC Rules for the Conduct of Proceedings.

23.3	Costs awarded may include—

(a)	the costs of the hearing, including the panellists' and interpreters fee;

(b)	legal and professional costs of the parties;

(c)	other expenses which a party has incurred in the conduct of the dispute; and

(d)	expenses of witnesses.

23.4	If a party to a dispute withdraws a referral less than 5 workings days before the scheduled date of the conciliation or arbitration, that party must bear the cost of the conciliator or arbitrator, unless the withdrawal is the result of a settlement agreement.