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

Notices

Bargaining Council for the Furniture Manufacturing Industry

South Western Districts

Main Collective Agreement

Part lll

Annexure F : Conciliation and Arbitration Guidelines

3. Applications for condonation

 

(a) An unfair dismissal dispute must be referred to the Council within 30 days of the date of dismissal. If the 30-day time limit has expired, the dismissed Employee must apply to the Council for condonation, that is permission to refer the dispute after the 30-day time limit has expired.

 

(b) The application must be attached to the dispute referral form and served with it on the other parties to the dispute and lodged with the Council.

 

(c) If at any time the Council becomes aware that the dispute was referred outside the 30-day time period, the Council may call on the applicant to apply for condonation.

 

(d) The application must include a signed statement which explains the reasons for the delay and deals with each of the considerations set out in paragraph 3(h) below.

 

(e) If the applicant requires condonation because he/she did not attend a conciliation meeting scheduled by the Council, the applicant must give reasons for failing to attend.

 

(f) The other parties to the dispute must reply to the application within fourteen (14) calendar days of receiving it. This reply must also include a signed statement, which is to be served on the applicant and filed with the Council.

 

(g) The applicant may reply to the other party's response within seven (7) days of receiving it. The applicant must serve the reply on the other parties to the dispute and then file it with the Council.

 

(h) The Conciliator must consider the application and any representations of the parties and must grant condonation to the applicant if there are good grounds for doing so. The Conciliator must consider the following:
(i) The degree of lateness: If the referral is only a few days late, this may weigh in favour of condonation.
(ii) The degree of fault of the referring party of his/her authorised representative. If the referral was late owing to circumstance beyond the control of the applicant, this may weigh in favour of condonation.
(iii) The reasonableness of the explanation: If the explanation is improbable, this should weigh against condonation.
(iv) Prejudice to the other parties to the dispute.
(v) Prospects of success.