Acts Online
GT Shield

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

Schedules

Schedule 2 : Guidelines for Constitution of Workplace Forum

5. Terms of office

 

 

(section 82(1)(k), (l) and (m))

 

1) The constitution must provide that the members of a workplace forum remain in office until the first meeting of the newly elected workplace forum.

 

2) The constitution must include provisions allowing the members to resign as well as provisions for the removal of members from office.

 

Example:

a) A member of a workplace forum may resign by giving written notice to the chairperson.
b) A member of a workplace forum must vacate that office—
i) when the member's resignation takes effect;
ii) if the member is promoted to senior managerial status;
iii) if the member is transferred from the workplace;
iv) if the member s employment is terminated;
v) as a result of an award of a commissioner; or
vi) if the representative trade union that nominated a member removes the member
c) The representative trade union, the employer, or the workplace forum may apply to the Commission to have a member of the workplace forum removed from office on the grounds of gross dereliction of the duties of office.
d) Twenty percent of the employees in the workplace may submit a signed petition to the Commission applying for the removal from office of a member of the workplace forum on the grounds of gross dereliction of the duties of office.
e) An application to remove a member of a workplace forum from office must be decided by arbitration under the auspices of the Commission.
f) A by-election to fill any vacancy in the workplace forum must be conducted by an election officer.