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

Notices

National Bargaining Council for the Private Security Sector

Extension to Non-parties of the Main Collective Agreement

Dispute Resolution

Part Seven: Section 188A Inquiry

 

34. How to request an inquiry in terms of Section 188A

 

(1) An employer requesting the Council to conduct an inquiry, must do so by delivering a completed LRA Form 7.19 to the Council.

 

(2) The employee must sign the LRA Form 7.19 unless the employee has agreed in terms of Section 188A(4)(b)5 to the inquiry in a contract of employment or the inquiry is held in accordance with a collective agreement, in which case a copy of the contract or the collective agreement must be attached to the Form.

 

(3) When filing the LRA Form 7.19, the employer must pay the prescribed fee to the Council. Payment of the fee may only be made by—
(a) bank guaranteed cheque; or
(b) electronic transfer into the bank account of the Council.

 

(4) Within seven (7) days of receiving a request in terms of sub-rule (1) and payment of the prescribed fee, the Council must notify the parties to the inquiry of when and where the inquiry will be held.

 

(5) Unless the parties agree otherwise, the Council must give the parties at least seven (7) days notice of the commencement of the Inquiry.

 

(6) The Council is only required to refund a fee paid in terms of sub-rule (3), if the Commission is notified of the resolution of the matter prior to issuing a notice n terms of sub-rule (4).