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Skills Development Act, 1998 (Act No. 97 of 1998)

Constitutions

Constitution of the Information Systems (IT), Electronics and Telecommunications Technologies Sector Education and Training Authority (ISETT SETA)

Chapter Twenty-Five

25. Dispute Resolution

 

25.1 Any member or employee of the Authority, who is a party to a dispute concerning the interpretation or application of this Constitution, may refer the dispute to the Chief Executive Officer of the Authority.

 

25.2 The Chief Executive Officer must, as soon as is possible, refer the dispute to the Executive Committee, which must endeavour to resolve the dispute by conciliation within 30 days of referral of the dispute.

 

25.3 If the Executive Committee fails to resolve the dispute within the allocated time, then any party to the dispute may refer it for mediation.

 

25.4 The mediator must be agreed to by all the parties to the dispute, and must be approved by the Chairperson of the Authority, or failing such agreement, such a mediator shall be appointed by the Chairperson of the Authority.

 

25.5 If mediation of the dispute is not possible, any party to the dispute may refer the dispute for arbitration.

 

25.6 The arbitrator must be agreed to by all the parties to the dispute, and must be approved by the Chairperson of the Authority, or failing such agreement, such an arbitrator shall be appointed by the Chairperson of the Authority.

 

25.7 Powers of the arbitrator shall be agreed upon by parties to the dispute.

 

25.8 The arbitration award is final and binding to all parties to the dispute.

 

25.9 The cost of arbitration will be borne equally by all the parties to the dispute, unless the arbitrator finds otherwise and vanes the allocation of costs.