CCMA RULES

PART FOUR
ARBITRATIONS (ss 18-23)

18.   How to request arbitration

1. A party may request the Commission to arbitrate a dispute by delivering a document in the form of Annexure LRA 7.13.
2. The referring party must -


1. sign the referral document in accordance with Rule 4;
2. attach to the referral document written proof that the referral document was served on the other parties to the dispute in accordance with Rule 6; and
3. if the referral document is served out of time, attach an application for condonation in accordance with Rule 9(3).


3. The Commission must accept, but may refuse to process a referral document until sub-rule (2) has been complied with.
4. This Rule does not apply to con-arb proceedings held in terms of Section 191(5A).

19.   When must the parties file statements

1. The Commission or a commissioner may direct -


1. the referring party in an arbitration to deliver a statement of case; and
2. the other parties to deliver an answering statement.


2. A statement in terms of sub-rule (1) must -


1. set out the material facts upon which the party relies and the legal issues that arise from the material facts; and
2. be delivered within the time-period specified by the commissioner.


3. The commissioner has a discretion to continue with the matter despite non-compliance with a commissioner's directive. However, any non-compliance may be taken into account when considering costs at the conclusion of the arbitration hearing.

20.   When the parties must hold a pre-arbitration conference

1. The parties to an arbitration must hold a pre-arbitration conference dealing with the matters referred to in sub-rule (2), if directed to do so by the Convening Senior Commissioner or the Senior Commissioner in charge of a region, or the presiding commissioner.
2. In a pre-arbitration conference, the parties must attempt to reach consensus on the following:


1. any means by which the dispute may be settled;
2. facts that are agreed between the parties;
3. facts that are in dispute;
4. the issues that the Commission is required to decide;
5. the precise relief claimed and if compensation is claimed, the amount of the compensation and how it is calculated;
6. the sharing and exchange of relevant documents, and the preparation of a bundle of documents in chronological order with each page numbered;
7. 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 of what they appear to be;
8. whether evidence on affidavit will be admitted with or without the right of any party to cross-examine the person who made the affidavit;
9. which party must begin;
10. the necessity for any on-the-spot inspection;
11. securing the presence at the Commission of any witness;
12. the resolution of any preliminary points that are intended to be taken;
13. the exchange of witness statements;
14. expert evidence;
15. any other means by which the proceedings may be shortened;
16. an estimate of the time required for the hearing;
17. the right of representation; and
18. whether an interpreter is required and, if so, for how long and for which languages.


3. Unless a dispute is settled, the parties must draw up and sign a minute setting out the facts on which the parties agree or disagree.
4. A minute in terms of sub-rule (3) may also deal with any other matter listed in sub-rule (2).
5. The referring party must ensure that a copy of the pre-arbitration conference minute is delivered to the appointed commissioner within seven (7) days of the conclusion of the pre-arbitration conference.
6. The commissioner may, after receiving a pre-arbitration minute -


1. enroll the matter for arbitration;
2. direct the parties to hold a further pre-arbitration conference; or
3. issue any other directive to the parties concerning the conduct of the arbitration.


7. The parties to an arbitration may agree to hold a pre-arbitration conference in terms of sub-rule (2).

21.   When must the Commission notify parties of an arbitration

The Commission must notify the parties in writing of an arbitration hearing at least twenty-one (21) days prior to the scheduled date, unless the parties agree to a shorter period or reasonable circumstances require a shorter period. The time period of twenty-one (21) days runs from the date the notification is sent by the Commission unless sent by registered mail in which case an additional seven (7) days must be allowed.

22.   How to determine whether a commissioner may arbitrate a dispute

If during the arbitration proceedings it appears that a jurisdictional issue has not been determined, the commissioner must require the referring party to prove that the Commission has jurisdiction to arbitrate the dispute.

23.   How to postpone an arbitration

1. An arbitration may be postponed -


1. by written agreement between the parties; or
2. by application and on notice to the other parties in terms of sub-rule (3).


2. The Commission must postpone an arbitration without the parties appearing if -


1. all the parties to the dispute agree in writing to the postponement; and
2. the written agreement for the postponement is received by the Commission at least seven (7) days prior to the scheduled date of the arbitration.


3. If the conditions of sub-rule (2) are not met, any party may apply in terms of Rule 31 to postpone an arbitration by delivering an application to the other parties to the dispute and filing a copy with the Commission before the scheduled date of the arbitration.
4. After considering the written application, the Commission may -


1. without convening a hearing, postpone the matter; or
2. convene a hearing to determine whether to postpone the matter.