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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension of Main Amending Collective Agreement to Non-parties

Chapter Eleven : Compliance and Monitoring of The Collective Agreement

55. Arbitration Procedures to enforce Compliance with this Agreement

 

(1) If the Secretary to the Council decides to refer the matter for arbitration, he shall appoint an arbitrator to hear and determine the alleged breach of this Agreement.

 

(2) The Secretary, in consultation with all parties who may have a legal interest in the outcome of the arbitration, shall decide the date, time and venue of the arbitration hearing.

 

(3) The Secretary of the Council shall serve notice of the date, time and venue of the arbitration on all parties who may have a legal interest in the outcome of the arbitration,

 

(4) Any party who has a legal interest in the outcome of the arbitration shall have the right to—
(a) give evidence;
(b) call witnesses;
(c) question the witnesses of any other party;
(d) address the concluding arguments to the arbitrator;
(e) be represented by a legal practitioner or co-employee or an office-bearer or official of his trade union or employers' organisation and, if the party is a juristic person, by a director or employee thereof.

 

(5) Any award made by the arbitrator, together with any reasons, shall be served on all interested parties by the Council

 

(6) The Secretary of the Council may apply to retake the arbitration award an order of the Labour Court in terms of section 158 (1) of the Act.

 

(7) The provisions of this procedure shall stand in addition to any the legal remedy which the Council may apply to enforce a collective agreement.