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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI : Extension of Dispute Resolution Collective Agreement to Non-Parties

Dispute Resolution Collective Agreement for the Civil Engineering Industry

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

Chapter Four : Arbitrations

19. 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.