CCMA RULES

 

PART THREE
CON-ARB IN TERMS OF SECTION 191(5A) (ss 17)



17.   Conduct of con-arb in terms of Section 191(5A)

  1. The Commission must notify the parties in writing of a con-arb hearing at least fourteen (14) days prior the scheduled date, unless the parties agree to a shorter period or reasonable circumstances require a shorter period. The time period of fourteen (14) 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.
  2. A party that intends to object to a dispute being dealt with in terms of Section 191(5A), must deliver a written notice to the Commission and the other party, at least seven (7) days prior to the scheduled date in terms of sub-rule (1).
  3. Sub-rule (2) does not apply to a dispute concerning the dismissal of an employee for any reason related to probation or an unfair labour practice relating to probation.
  4. If a party fails to appear or be represented at a hearing scheduled in terms of sub-rule (1), the commissioner must conduct the conciliation on the date specified in the notification issued in terms of sub-rule (1).
  5. Sub-rule (4) applies irrespective of whether a party has lodged a notice of objection in terms of sub-rule (2).
  6. The provisions of these Rules that are applicable to conciliation and arbitration respectively, including rules on representation, apply with the changes required by the context, to the conciliation and arbitration parts of con-arb proceedings, respectively.
  7. If the arbitration does not proceed or is not concluded on the date specified in terms of the notice in sub-rule (1), the Commission must schedule the matter for arbitration either in the presence of the parties or by notifying the parties in terms of Rule 21.