(section 82(1)(k), (l) and (m))
| (1) |
The constitution must provide that the members of a workplace forum remain in office until the first meeting of the newly elected workplace forum. |
| (2) |
The constitution must include provisions allowing the members to resign as well as provisions for the removal of members from office. |
Example:
| (a) |
A member of a workplace forum may resign by giving written notice to the chairperson. |
| (b) |
A member of a workplace forum must vacate that office— |
| (i) |
when the member"s resignation takes effect; |
| (ii) |
if the member is promoted to senior managerial status; |
| (iii) |
if the member is transferred from the workplace; |
| (iv) |
if the member s employment is terminated; |
| (v) |
as a result of an award of a commissioner; or |
| (vi) |
if the representative trade union that nominated a member removes the member |
| (c) |
The representative trade union, the employer, or the workplace forum may apply to the Commission to have a member of the workplace forum removed from office on the grounds of gross dereliction of the duties of office. |
| (d) |
Twenty percent of the employees in the workplace may submit a signed petition to the Commission applying for the removal from office of a member of the workplace forum on the grounds of gross dereliction of the duties of office. |
| (e) |
An application to remove a member of a workplace forum from office must be decided by arbitration under the auspices of the Commission. |
| (f) |
A by—election to fill any vacancy in the workplace forum must be conducted by an election officer. |
National Environmental Management Act, 1998 (107 of 1998)
