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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI: Dispute Resolution Collective Agreement

Extension of Dispute Resolution Collective Agreement to Non-parties

Annexures

Annexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)

Chapter Four : Arbitrations

22. Postponement of an arbitration hearing

Purchase

(1)	An arbitration or other hearing must be postponed, and there is no need for the parties to appear, if all the parties to the proceedings agree in writing to a postponement and the written agreement is filed with the Council at least seven (7) days before the scheduled arbitration date.

(2)

Where the parties agree to a postponement, but fail to file their written agreement to postpone at least seven (7) days before the arbitration date, as required in sub-rule (1), the parties will not be required to appear on the scheduled date, but may be held liable, in equal portions, for the costs incurred by the Council in respect of the day of the hearing, unless good cause can be shown why the written agreement was filed late.

(3)

Upon receipt of the agreement referred to in sub-rule (2), the Council will notify the parties that they do not have to appear on the hearing date and at the same time direct the parties to submit written representations within 14 (fourteen) days from the date of the notification to show good cause of why they should not be held liable for the costs of the hearing date. The representations will be placed before the commissioner seized with the matter, who has to determine the issue of costs in the arbitration award when dealing with the main issue in dispute.

(4)	An arbitration or other hearing may be postponed on application. Where the parties do not agree to a postponement in writing, any party to the dispute may apply for a postponement. The application must be made in accordance with Rule 35 and the time periods in Rule 35 apply.

(5)	The Council will appoint a commissioner to consider the application for postponement on the papers and the commissioner so appointed will issue a written ruling before the scheduled hearing date.

(6)

If an application for postponement is not delivered within the prescribed time, the parties have to attend the arbitration proceedings, at which time condonation for the late delivery and the postponement will have to be argued. Parties must be prepared to continue with the arbitration in the event that postponement is not granted.