No. R. 1448 October 2003

LABOUR RELATIONS ACT, 1995 (Am NO 66 OF 1995)

COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION

RULES FOR THE CONDUCT OF PROCEEDINGS BEFORE THE CCMA

The Governing Body of the Commission for Conciliation, Mediation and Arbitration hereby, in terms of rule 1 15(6) of the Labour Relations Act, 1995 (Act No. 66 of 1995), publishes the rules and the amended LRA forms 7.1 6, 7.17, 7.18 and 7.18A in terms of section 1 15(2A)

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RULES FOR THE CONDUCT OF PROCEEDINGS BEFORE THE CCMA

TABLE OF CONTENTS

PART ONE

I . SERVING AND FILING DOCUMENTS

I. How to contact the Commission

2. When are the offices of the Commission open

3. How to calculate time periods in these rules

4. Who must sign documents

5. How to serve documents on other parties

6. How to prove that a document was served in terms of the rules

7. How to file documents with the Commission

8. Documents and notices sent by registered post

9. How to seek condonation for documents filed fate

PART TWO

II. CONCILIATION OF DISPUTES

I O . How to refer a dispute to the Commission for conciliation

I I. What notice- must the Commission give of a conciliation

12. Commission may seek to resolve dispute before conciliation

13. What happens if a party fails to attend or is not represented at conciliation

14. How to determine whether a commissioner may conciliate a dispute

15. Issuing a certificate in terms of section 135(5)

16. Conciliation proceedings may not be disclosed

PART THREE

III. CON -ARB IN TERMS OF SECTION 191 (5A)

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

PART FOUR

IV. ARBITRATIONS 

18. How to request arbitration

19. When must the parties file statements

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

21. What notice must the commission give of an arbitration

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

23. How to postpone an arbitration

PART FIVE

V. RULES THAT APPLY TO CONCILIATIONS AND ARBITRATIONS AND CON-ARBS

24. Where a conciliation or arbitration will take place.

25. Objections to a representative .appearing before the Commission

26. How to, join or substitute parties to proceedings

27. How to correct a citation of a party

28. When the Commissioner may consolidate disputes

29. Disclosure of documents

30. What happens if a party fails to attend proceedings before the Commission

PART SIX

VI. APPLICATIONS

31. How to bring an application

32. How to apply to vary or rescind arbitration awards or rulings

33. How to apply to refer a dismissal dispute to the Labour Court

PART SEVEN

VII. PRE-DISMISSAL ARBITRATION IN TERMS OF SECTION 188A

34. How to request a pre-dismissal arbitration in terms of section 188A

PART EIGHT

VIII. GENERAL

35. Condonation for failure to comply with the Rules

36. Recordings of Commission proceedings.

37. How to have a subpoena issued

38. Payment of witness fees

39. Taxation of bills of cost

40. Certification and enforcement of arbitration award

41. What words mean in these rules

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