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

Chapter VII : Dispute Resolution

Part C : Resolution of disputes under auspices of Commission

137. Appointment of senior commissioner to resolve dispute through arbitration

 

 

(1) In the circumstances contemplated in section 136(1), any party to the dispute may apply to the director to appoint a senior commissioner to attempt to resolve the dispute through arbitration.

 

(2) When considering whether the dispute should be referred to a senior commissioner, the director must hear the party making the application, any other party to the dispute and the commissioner who conciliated the dispute.

 

(3) The director may appoint a senior commissioner to resolve the dispute through arbitration, after having considered—
(a) the nature of the questions of law raised by the dispute;
(b) the complexity of the dispute;
(c) whether there are conflicting arbitration awards that are relevant to the dispute; and
(d) the public interest.

 

(4) The director must notify the parties to the dispute of the decision and—
(a) if the application has been granted, appoint a senior commissioner to arbitrate the dispute; or
(b) if the application has been refused, confirm the appointment of the commissioner initially appointed, subject to section 136(4).

 

(5) The director's decision is final and binding.

 

(6) No person may apply to any court of law to review the director's decision until the dispute has been arbitrated.