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

Notices

Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry (Pretoria)

Main Collective Agreement

46. Resolution of Disputes

 

(1) If there is a dispute of none compliance arising out of the collective agreement, the council may refer any unresolved disputes concerning compliance with any provisions of the collective agreement to arbitration by an arbitrator appointed by the council.

 

(2) The arbitrator appointed in terms of subclause (1) above, has the powers of the commissioner in terms of section 142 of the Labour Relations Act.

 

(3) Section 138 of the Act, read with the changes required by the context, applies to any arbitration conducted in terms of this clause.

 

(4) An arbitrator conducting an arbitration in terms of this clause may make an appropriate award including;
(a) ordering any person to pay any amount owing in terms of a collective agreement;
(b) imposing a fine for a failure to comply with a collective agreement in accordance with section 33 A (13) of the L. R. A.;
(c) charging a party an arbitration fee not exceeding R 1 500.00;
(d) ordering a party to pay the cost of the arbitration;
(e) confirming varying or setting aside a compliance order issued by a designated agent in accordance with clause 27.
(f) any award contemplated in section 138 (10) of the Act.