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

Notices

National Bargaining Council for the Electrical Industry of South Africa

National Pension and Provident Funds Collective Agreement

12. Conciliation

 

 

(1) Any referral to conciliation in terms of this dispute procedure shall be referred in terms of this clause. Subject thereto, any conciliation proceedings shall be regulated by the Act.

 

(2) The Council shall establish a panel of conciliators, to whom matters shall be allocated at the discretion of the Secretary of the Council: Provided that—
(a) in the event of the Council having a direct interest in any dispute being processed, it shall be conciliated by a member of the panel who is independent of the Council; and
(b) in the event of the dispute involving a non-party to the Council, the Council shall ensure that the accreditation requirements of the Act are complied with.

 

(3) Any conciliator appointed in terms of this clause shall have the powers granted to a commissioner who is empowered to conciliate in terms of the Act.

Any conciliator so appointed shall determine a process to attempt to resolve the dispute, which may include—

(a) mediating the dispute; or
(b) conducting a fact-finding exercise; or
(c) making a recommendation to the parties, which may be in the form of an advisory arbitration award.

 

(4) In any conciliation proceedings, a party to the dispute may appear in person or be represented by a representative of his choice.

 

(5) By not later than the end of the 30-day period calculated from the appointment of the conciliator, or any further period agreed between the parties, the conciliator shall provide all parties to the dispute with a copy of a certificate stating whether or not the dispute has been resolved: Provided that the conciliator may prior to the expiry of this period confirm that conciliation has failed, in the event that he believes no further purpose would be gained by continuing with the process.