| (1) |
The powers and functions of a panel appointed by the essential services committee are to— |
| (a) |
conduct investigations as to whether or not the whole or a part of any service is an essential service; |
| (b) |
determine whether or not to designate the whole or a part of that service as an essential service; |
| (c) |
determine disputes as to whether or not the whole or a part of any service falls within the scope of a designated essential service; |
| (d) |
determine whether or not the whole or a part of any service is a maintenance service; |
| (e) |
ratify a collective agreement that provides for the maintenance of minimum services in a service designated as an essential service; and |
| (f) |
determine, in accordance with the provisions of this Act, the minimum services required to be maintained in the service that is designated as an essential service. |
| (2) |
The presiding member of the panel must determine any question of procedure or law, including whether an issue is a question of procedure or law. |
| (3) |
The chairperson of the essential services committee or any person contemplated in section 70C(2) presiding at a hearing may, sitting alone, make an order— |
| (a) |
extending or reducing any period prescribed by the rules of the essential services committee; and |
| (b) |
condoning the late performance of an act contemplated by the rules of the essential services committee. |
| (4) |
Subject to subsections (2) and (3), the decision or finding of the majority of the panel is the decision of the essential services committee. |
| (5) |
The decision of a panel must be in writing and signed by the person referred to in section 70C(2), and include the reasons for that decision. |
| (6) |
A panel appointed by the essential services committee may make any appropriate order relating to its functions. |
[Section 70D inserted by section 11 of Act No. 6 of 2014]
Housing Development Agency Act, 2008
