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

Chapter VII : Dispute Resolution

Part B : Accreditation of and Subsidy to Councils and Private Agencies

128. General provisions relating to accreditation

 

(1)
(a) An accredited council or accredited agency may charge a fee for performing any of the functions for which it is accredited in circumstances in which this Act allows a commissioner, to charge a fee.

[Section 128(1) substituted by section 24(a) of Act No. 12 of 2002]

(b) A fee charged in terms of paragraph (a) must be in accordance with the tariff of fees determined by the Commission.

 

(2)
(a) An accredited council, accredited agency, or any person engaged by either of them to perform the functions for which it has been accredited, is not liable for any loss suffered by any person as a result of any act performed or omitted in good faith in the course of exercising those functions.
(b) An accredited council, accredited agency, or any person engaged by either of them to perform the functions for which it has been accredited, may not disclose to any person or in any court any information, knowledge or document that it or that person acquired on a confidential basis or without prejudice in the course of performing those functions except on the order of a court.

 

(3)
(a)
(i) An accredited council may confer on any person who is accredited by the governing body and appointed by the council to resolve a dispute, the powers of a commissioner in terms of section 142, read with the changes required by the context.
(ii) For this purpose, any reference in that section to the director must be read as a reference to the secretary of the bargaining council.
(b) An accredited private agency may confer on any person who is accredited by the governing body and appointed by the agency to resolve a dispute, the powers of a commissioner in terms of section 142(1)(a) to (e), (2) and (7) to (9), read with the changes required by the context.

[Section 128(3) substituted by section 14 of Notice No. 1304, GG 42061, dated 27 November 2018]