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Employment Equity Act, 1998 (Act No. 55 of 1998)

Chapter II : Prohibition of Unfair Discrimination

10. Disputes concerning this Chapter


(1) In this section, the word "dispute" excludes a dispute about an unfair dismissal, which must be referred to the appropriate body for conciliation and arbitration or adjudication in terms of Chapter VIII of the Labour Relations Act.


(2) Any party to a dispute concerning this Chapter may refer the dispute in writing to the CCMA within six months after the act or omission that allegedly constitutes unfair discrimination.


(3) The CCMA may at any time permit a party that shows good cause to refer a dispute after the relevant time limit set out in subsection (2).


(4) The party that refers a dispute must satisfy the CCMA that—
(a) a copy of the referral has been served on every other party to the dispute; and
(b) the referring party has made a reasonable attempt to resolve the dispute.


(5) The CCMA must attempt to resolve the dispute through conciliation.


(6) If the dispute remains unresolved after conciliation—
(a) any party to the dispute may refer it to the Labour Court for adjudication;
(aA) an employee may refer the dispute to the CCMA for arbitration if—
(i) the employee alleges unfair discrimination on the grounds of sexual harassment; or
(ii) in any other case, that employee earns less than the amount stated in the determination made by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act; or

[Paragraph (aA) inserted by section 5(a) of Act No. 47 of 2013]

(b) any party to the dispute may refer it to the CCMA for arbitration if all the parties to the dispute consent to arbitration of the dispute.

[Paragraph (b) amended by section 5(b) of Act No. 47 of 2013]


(7) The relevant provisions of Parts C and D of Chapter VII of the Labour Relations Act, with the changes required by context, apply in respect of a dispute in terms of this


(8) A person affected by an award made by a commissioner of the CCMA pursuant to a dispute contemplated in subsection (6)(aA) may appeal to the Labour Court against that award within 14 days of the date of the award, but the Labour Court, on good cause shown, may extend the period within which that person may appeal.

[Subsection(8) inserted by section 5(c) of Act No. 47 of 2013]