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

Bargaining Council for the South African Road Passenger (SARPBAC)

Main Collective Agreement

Annexures

Annexure B : Dispute Resolution

22. Arbitration of Disputes

 

 

22.1 SARPBAC must give the Parties at least twenty-one (21) Days notice in writing of an arbitration hearing, unless the Parties agree to a shorter period of notice.

 

22.2 The Commissioner shall conduct the arbitration proceedings as stipulated in Section 138 of the Act.

 

22.3 In arbitrating disputes referred to SARPBAC, a Commissioner will have the powers provided for in Section 142 of the Act read with the charges required by the context.

 

22.4 An Commissioner conducting an arbitration may make an appropriate award, including, but not limited to, an award:-
22.4.1 ordering  any  person  to  pay  any  amount  owing  in terms  of  a  Collective Agreement.
22.4.2 confirming, varying or setting aside a compliance order issued by SARPBAC.
22.4.3 any award as contemplated in section 138(9) of the Act.

 

22.5 The Commissioner may make an order for the payment of costs against a Party or Parties if requested to do so and if the Commissioner deems the actions of the Party or Parties, against whom such costs award has been requested, to have unduly delayed or frustrated the resolution of the dispute or that such Party or Parties have acted in a frivolous or vexatious manner regarding the dispute.

 

22.6 An arbitration award made by a Commissioner is final and binding and may be enforced as if it were an order of the Labour Court, unless it is an advisory arbitration award.

 

22.7 Arbitration awards are subject to Sections 143(2) and 143(4) of the Act.

 

22.8 Arbitration awards may be varied or rescinded as contemplated in Section 144 of the Act.

 

22.9 Any Party to a dispute who alleges a defect in any arbitration proceedings may, in terms of Section 145 of the Act, apply to the Labour Court for an order setting aside the arbitration award.

 

22.10 The Commissioner must, within fourteen (14) Days of the conclusion of the arbitration proceedings, issue a signed arbitration award with brief reasons for the award.

 

22.11 The Commissioner must provide a copy of the award to SARPBAC and each Party to the dispute.