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

Notices

Bargaining Council for the Hairdressing Trade (Cape Penninsula)

Main Collective Agreement

39. Resolution of Disputes

 

 

1. The Council hereby establishes a panel of conciliators and arbitrators appointed by the Council to whom matters may' be allocated at the discretion of the Secretary of the Council:

 

2. Any party to a dispute about an unfair dismissal, unfair labour practice or matter of mutual interest must refer the dispute to the Council. All dispute referrals must be in writing setting out the nature of the dispute and the outcome sought. The party referring the dispute must satisfy the Council that a copy of the referral has been served on the other party/parties to the dispute. The Council must attempt to resolve the dispute through conciliation within 30 days from the date of the Council receiving a written referral of the dispute. If, the conciliation has failed, or at the end of the 30-day period the Council must issue a certificate stating that the dispute remains unresolved. The referring party may refer the dispute to be resolved through arbitration; except a dispute which relates to an unfair dismissal for which the Act permits the dispute to be referred to the Labour Court for adjudication.

 

3. All types of dismissals set out in Section 191 (5) (a) of the Act and all unfair labour practices, except where an employee alleges that he has been subjected to an occupational detriment as a result of having made a protected disclosure may be subject to the con-arb process unless one of the parties objects. The con-arb process is overriding in disputes about an alleged unfair labour practice or unfair dismissal of a probationary employee.

 

4. A dispute about the interpretation or application of this Agreement may be lodged with or referred to the Secretary of the Council by any person; for resolution in terms of this clause.