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

Schedules

Schedule 7 : Transitional Arrangements

Part E : Disputes and Courts

22A. Minister may authorise Commission to perform industrial court's functions

 

 

1) The Minister, after consulting the Commission, may authorise the Commission, by notice in the Government Gazette, to perform the industrial court's functions in terms of item 22(1)-
a) in respect of the Republic as a whole or any province specified in the notice; and
b) with effect from a date so specified.

 

2) The authorisation of the Commission in terms of subitem(1)-
a) does not affect the competence of the industrial court in terms of item 22(1) to decide and finalise all pending matters that are partly heard by it as at the date when the authorisation takes effect, nor does it relieve that court of its functions, duties and responsibility with regard to those matters;
b) does not empower the Commission to perform any of the industrial court's functions with regard to the matters mentioned in paragraph (a); and
c) has the effect of substituting the Commission for the industrial court in so far as all other pending matters are concerned.

 

3) In the application of this item--
a) the provisions of item 22(1) will apply to the Commission in all respects as if it were the industrial court; and
b) the rules governing the proceedings at the industrial court in terms of item 22(2A) and (2B) will apply to the proceedings at all pending matters to be decided by the Commission by virtue of its authorisation in terms of this item.