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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

139. Special provisions for arbitrating disputes in essential services



(1) If a dispute about a matter of mutual interest proceeds to arbitration and any party is engaged in an essential service
(a) within 30 days of the date of the certificate referred to in section 136(1)(a), or within a further period agreed between the parties to the dispute, the commissioner must complete the arbitration and issue an arbitration award with brief reasons signed by that commissioner;
(b) the Commission must serve a copy of that award on each party to the dispute or the person who represented a party in the arbitration proceedings; and
(c) the Commission must file the original of that award with the registrar of the Labour Court.


(2) The commissioner may not include an order for costs in the arbitration award unless a party, or the person who represented the party in the arbitration proceedings, acted in a frivolous or vexatious manner in its conduct during the arbitration proceedings.