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

Notices

Purchase

6.1	If at any time the Council becomes aware that the dispute could have been resolved by another bargaining council, an accredited agency or in terms of a collective agreement, the Council may, in terms of Section 147 of the Act:

6.1.1

Exercise its discretion to assume jurisdiction;

6.1.2

Refer the dispute to the appropriate person or body for resolution.

6.2	In determining whether or not to assume jurisdiction in terms of Section 147 of the Act, the Council must be guided by whether:

6.2.1

the referral is an attempt to bypass agreed or statutory procedures;

6.2.2

substantial injustice will be done by referring the dispute to the appropriate person or body for resolution;

6.2.3

the Council has jurisdiction.

6.3	If the Council declines jurisdiction it must give the parties brief reasons for its decision and advise the parties as to the appropriate person or body for resolving the dispute.