| (1) |
Section 77(1)(c) requires consideration of the issues with a view to reaching consensus. |
| (2) |
The process of consideration— |
| (a) |
is not superficial or cosmetic engagement; |
| (b) |
requires the referring party and the respondent party to engage with a view to reaching consensus on the matters giving rise to the referral; |
| (c) |
does not require agreement or deadlock on the objective facts; and |
| (d) |
does not require the referring party to be tied into a process which, though ongoing, has no potential of being resolved.16
|
| (3) |
In determining whether a matter has been considered, all relevant factors must be taken into account, including but not limited to the following— |
| (a) |
the nature of the matters giving rise to the intended protest action; |
| (b) |
the prospect of the matter being resolved; and |
| (c) |
the nature and extent to which the parties have engaged before the section 77(1)(b) referral. |
| (4) |
A matter is regarded as having been considered if— |
| (a) |
the referring and respondent parties have resolved the matter; |
| (b) |
the referring and respondent parties agree that the matter has been considered and the agreement is recorded in writing; |
| (c) |
the Standing Committee, facilitator or chairperson of the forum to which the matter was referred determines that the matter has been considered after taking into account the factors listed in subitem (3); or |
(d)
| (i) |
the referring party has attended the meetings convened for purposes of considering the matter within six weeks of the referral; and |
| (ii) |
the parties have not agreed to attend further meetings to consider the matter. |
________________________________________
|
16
|
Government of the Western Cape Province v GOSA TU & Another [1998] 12 BLLR 1286 (LC) at paras 26 and 28.
|
Civil Aviation Act, 2009
