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

Chapter IV : Strikes and Lock-outs

74. Disputes in essential services18

 

 

(1) Subject to section 73(1), and party to a dispute that is precluded from participating in a strike or a lock-out because that party is engaged in an essential service may refer the dispute in writing to—
(a) a council, if the parties to the dispute fall within the registered scope of that council; or
(b) the Commission, if no council has jurisdiction.

[Subsection (1) amended by section 15 of Act No. 6 of 2014]

 

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

 

(3) The council or 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 by the council or the Commission.

 

(5) Any arbitration award in terms of subsection (4) made in respect of the State and that has financial implications for the State becomes binding—
(a) 14 days after the date of the award, unless a Minister has tabled the award in Parliament within that period; or
(b) 14 days after the date of tabling the award, unless Parliament has passed a resolution that the award is not binding.

 

(6) If Parliament passes a resolution that the award is not binding, the dispute must be referred back to the Commission for further conciliation between the parties to the dispute and if that fails, any party to the dispute may request the Commission to arbitrate.

 

(7) If Parliament is not in session on the expiry of—
(a) the period referred to in subsection (5)(a), that period or the balance of that period will run from the beginning of the next session of Parliament;
(b) the period referred to in subsection (5)(b), that period will run from the expiry of the period referred to in paragraph (a) of this subsection or from the beginning of the next session of Parliament.

 

18 See flow diagram No. 8 in Schedule 4.