| (1) |
For the purposes of this section a "dispute" means a dispute about— |
| (a) |
the interpretation or application of any provision of— |
| (i) |
a learnership agreement; |
| (ii) |
a contract of employment of a learner contemplated in section 18(2); or |
[Section 19(1)(a)(ii) amended by section 13(a) of Act No. 31 of 2003]
| (iii) |
a determination made in terms of section 18(3); |
| (i) |
a learnership agreement; or |
| (ii) |
a contract of employment of a learner contemplated in section 18(2). |
[Section 19(1)(b)(ii) amended by section 13(b) of Act No. 31 of 2003]
| (2) |
Any party to a dispute may in writing refer the dispute to the Commission for Conciliation, Mediation and Arbitration established by section 112 of the Labour Relations Act, 1995 (Act No. 66 of 1995). |
| (3) |
The party who so refers the dispute must satisfy that Commission that a copy of the referral has been served on all the other parties to the dispute. |
| (4) |
The Commission must attempt to resolve the dispute through conciliation. |
| (5) |
If the dispute remains unresolved, any party may request that the dispute be resolved through arbitration as soon as possible. |
| (6) |
The law that applies to the lawfulness2 and fairness3 of a dismissal for a reason related to an employee's capacity or conduct applies to a dispute contemplated in subsection (1)(c)(ii). |
| (7) |
Notwithstanding section 210 of the Labour Relations Act, 1995 (Act No. 66 of 1995), this section must be regarded as expressly amending any contrary provision in that Act. |
[Section 19(7) inserted by section 13(c) of Act No. 31 of 2003]
| 2 |
The lawfulness of a dismissal is governed by the provisions of this Act, the Basic Conditions of Employment Act and the common law. |
| 3 |
The fairness of a dismissal is governed by the Labour Relations Act, 1995 (Act No. 66 of 1995), the Public Service Act, 1994 (Proclamation No. 103 of 1994), and the common law (administrative law in respect of public sector employees).
|
Public Service Commission Act, 1997
