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

Chapter VII : Dispute Resolution

Part A : Commission for Conciliation, Mediation and Arbitration

117. Commissioners of Commission

 

 

(1) The governing body must appoint as commissioners as many adequately qualified persons as it considers necessary to perform the functions of commissioners by or in terms of this Act or any other law.

 

(2) The governing body—
(a) may appoint each commissioner—
(i) on either a full-time or a part-time basis; and
(ii) to be either a commissioner or a senior commissioner;
(b) must appoint each commissioner for a fixed term determined by the governing body at the time of appointment;
(c) may appoint a commissioner, who is not a senior commissioner, for a probationary period; and
(d) when making appointments, must have due regard to the need to constitute a Commission that is independent and competent and representative in respect of race and gender.

 

(3) Any reference in this Act to a commissioner muse be interpreted also to mean a senior commissioner, unless otherwise indicated.

 

(4) The governing body must determine the commissioners' remuneration, allowances and any other terms and conditions of appointment not contained in this section.

 

(5) A commissioner may resign by giving written notice to the governing body.

 

(6) The governing body must prepare a code of conduct for the commissioners and ensure that they comply with the code of conduct in performing their functions.

 

(7) The governing body may remove a commissioner from office for—
(a) serious misconduct;
(b) incapacity; or
(c) a material violation of the Commission's code of conduct.

 

(8) Each commissioner is responsible to the director for the performance of the commissioner's functions.