Public Service Commission Act, 1997
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Civil Engineering Industry: Conditions of Employment Collective AgreementChapter 4 : Regulations for Contract of Employment4.7D. General provisions applicable to sections 4.7A to 4.7C |
| 4.7.1(D) | Any dispute arising from the interpretation or application of sections 4.7A, 4.7B and 4.7C may be referred to the Commission or a bargaining council with jurisdiction for conciliation and, if not resolved, to arbitration. |
| 4.7.2(D) | For the purposes of sections 4.7A (4.7.5(A), 4.7B (4.7.8(B) and 4.7C (4.7.3(C) (a), a justifiable reason includes that the different treatment is a result of the application of a system that takes into account— |
| (a) | seniority,experience or length of service: |
| (b) | merit; |
| (c) | the quality or quantity of work performed; or |
| (d) | any other criteria of a similar nature, and such reason is not prohibited by section 6(1)of the Employment Equity Act. 1998 (Act No. 55 of 1998). |
| 4.7.3(D) | A party to a dispute contemplated in subsection (4.7.1), other than a dispute about a dismissal in terms of section 4.7(A) (4.7.4(A), may refer the dispute, in writing, to the Commission or to the bargaining council, within six months after the act or omission concerned. |
| 4.7.4(D) | The party that refers a dispute must satisfy the Commission or the bargaining council that a copy of the referral has been served on every party to the dispute. |
| 4.7.5(D) | If the dispute remains unresolved after conciliation, a party to the dispute may refer it to the Commission or to the bargaining council for arbitration within 90 days. |
| 4.7.6(D) | The Commission or the bargaining council may at any time, permit a party that shows good cause to, refer a dispute after the relevant time limit set out in subsection (4.7.3(D) or (4.7.5(D). |
[Section 4.7D inserted by Notice No. R. 1072, GG42637, dated 16 August 2019]
