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

Chapter III : Collective Bargaining

Part A : Organisational Rights

22. Disputes about organisational rights

 

 

(1) Any party to a dispute about the interpretation or application of any provision of this Part, other than a dispute contemplated in section 21, may refer the dispute in writing to the Commission.

 

(2) The party who refers a dispute to the Commission must satisfy it that a copy of the referral has been served on all the other parties to the dispute.

 

(3) The Commission must attempt to resolve the dispute through conciliation.

 

(4) If the dispute remains unresolved, any party to the dispute may request that the dispute be resolved through arbitration as soon as possible.

 

(5) An arbitration award in terms of Part A may be made binding on the employer in addition to—
(a) the extent that it applies to the employees of a temporary employment service, a client of the temporary employment service for whom an employee covered by the award is assigned to work; and
(b) any person other than the employer who controls access to the workplace to which the award applies, if that person has been given an opportunity to participate in the arbitration proceedings.

[Subsection (5) inserted by section 3 of Act No. 6 of 2014]