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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension to Non-parties of the Main Consolidated Collective Agreement

Chapter Eleven: Compliance, Monitoring and Exemptions

53. Powers of an Arbitrator
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(1)A conciliator and arbitrator appointed in terms of section 33A of the Act shall have all the powers assigned to them as contemplated by the Act, including the powers in sections 33A, 138 and 142 of the Act read with the changes required by the context. This includes the following general powers:
(a)to determine whether there has been a breach of this Agreement;
(b)to make any appropriate award that gives effect to the Collective Agreement and to ensure compliance therewith;
(c)to determine the appropriate form of and the procedure to be followed at the arbitration proceedings; and
(d)to make any order as to costs that he/she deems appropriate.

 

(2)The arbitrator shall have the power to make an award in the absence of a party who is alleged to have breached the Agreement, if—
(a)such party fails to appear in person or to be represented at the arbitration proceedings;
(b)proof is presented that such party has been notified of the proceedings: Provided that notice of the arbitration proceedings shall be deemed to have been given if proof is presented that written notification has been forwarded to such party—
i.by registered mail to such party's last-known address and 14 (fourteen) days have elapsed since such notification has been mailed; or
ii.by fax transmission to such party's last-known fax number; or
iii.by hand delivery to such party's last-known business or residential address; or
iv.an electronic mail has been sent to such party.
(c)prima facie evidence has been presented to the arbitrator that the party in question has failed to comply with this Agreement.

 

(3)The arbitrator shall have the power to vary, rescind or amend any arbitration award made by him or any arbitrator. The arbitrator shall have this power if—
(a)the award was erroneously sought or erroneously made in the absence of any party affected by the award;
(b)the award is ambiguous or contains on obvious error or omission, but only to the effect of that ambiguity, error or omission;
(c)the award was granted as a result of a mistake common to the parties to the proceedings; or
(d)the award was made in the absence of any party, on good cause shown.

 

(4)If the arbitrator finds that any employer has failed to comply with a provision of any of the Council's Collective Agreements which are binding on that employer, then the arbitrator shall, in addition to any other appropriate order, impose a fine on the non-compliant party in accordance with clause 54.