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

Chapter IV : Strikes and Lock-outs

70D. Powers and functions of panel

 

 

(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]