Statistics Act, 1999
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Civil Engineering IndustryBCCEI : Extension of Dispute Resolution Collective Agreement to Non-PartiesDispute Resolution Collective Agreement for the Civil Engineering IndustryAnnexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)Chapter Four : Arbitrations19. Pre-arbitration conference |
(1) | The parties to an arbitration must hold a pre-arbitration conference, dealing with the matters referred to in sub-rule (3), if directed to do so by the Council or a commissioner. |
(2) | The parties to an arbitration may agree to hold a pre-arbitration conference and, when doing so, must deal with the matters referred to in sub-rule (3). |
(3) | In a pre-arbitration conference the parties must attempt to reach consensus on the following: |
(a) | any means by which the dispute may be settled; |
(b) | facts that are agreed between the parties; |
{c) | facts that are in dispute; |
(d) | the issues that the arbitrating commissioner is required to decide; |
(e) | the relief claimed and if compensation is claimed, the amount of the compensation and how it is calculated; |
(f) | the sharing and exchange of relevant documents and the preparation of bundles of documents in chronological order with each page numbered; |
(g) | the manner in which documentary evidence is to be dealt with, including any agreement on the status of documents and whether documents, or parts of documents, will serve as evidence; |
(h) | whether evidence on affidavit will be admitted with or without the deponent of the affidavit testifying and the other party cross-examining him or her; |
(i) | which party must begin; |
(j) | the necessity for any on-the-spot inspection; |
(k) | securing the presence of any witness at the venue appointed by the Council; |
(I) | the raising and/or resolution of any preliminary points that are intended to be taken; |
(m) | the exchange of witness statements; |
(n) | expert evidence; |
(o) | any other means by which the proceedings may be expedited; |
(p) | an estimate of the time required for the hearing; |
(q) | the right of representation; and |
(r) | whether an interpreter is required and, if so, for how long and for which of the official South African languages. |
(4) | Unless a dispute is settled, the parties must draw up and sign a minute, setting out the issues referred to in sub-rule (3) and indicating their agreement or disagreement on those issues. |
(5) | The referring party must ensure that a copy of the pre-arbitration conference minute is filed with the Council within seven (7) days of the conclusion of the pre-arbitration conference or as directed by the Council or Commissioner. |
(6) | The Council or Commissioner may, after receiving a pre-arbitration minute— |
(a) | enroll the matter for arbitration; |
(b) | direct the parties to hold a further pre-arbitration conference; or |
(c) | issue any other directive to the parties concerning the conduct of the arbitration. |