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

Notices

Bargaining Council for the Canvas Goods Industry, Gauteng

Extension to Non-Parties of the Main Collective Agreement

Annexures

Annexure C : Conciliation Guidelines

8. Representation at conciliation proceedings

Purchase

8.1

Rule 25 of the CCMA Rules (as promulgated in the Gazette 5 December 2003, R1748 in GG25797) of the Rules explicitly states who may appear or be a representative in conciliation proceedings. A Conciliator does not have discretion to allow a person not listed in Rule 25 of the CCMA Rules to appear or act as a representative.

In the conciliation proceedings, a party to the dispute may appear in person or be represented only by:

8.1.1

a director or employee of that party; or

8.1.2

any member, office bearer or official of that party's registered trade union or registered employers' organisation.

8.2	If a party objects to a representative or the Conciliator is of the opinion, that a representative is not authorised in terms of Rule 25 of the CCMA Rules, the Conciliator must decide whether that representative may attend.

8.3

A dispute about the status and entitlement of a representative is a factual dispute. The Conciliator may call upon any person to demonstrate why he or she should be admitted as representative in terms of Rule 25 of the CCMA Rules. The Conciliator may request documentation, such as the constitution, pay-slips, the contract of employment, the prescribed form listing the directors of a company and recognition agreements. Representatives must be prepared to tender evidence in support of their status.