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

Schedules

Schedule 7 : Transitional Arrangements

Part H : Transitional Provisions arising out of the Application of the Labour Relations Amendment Act, 2002

27. Representation in conciliation and arbitration

 

 

(1) Until such time as rules made by the Commission in terms of section 115(2A)(k) of the Act come into force—
(a) sections 135(4), 138(4) and 140(1) of the Act remain in force as if they had not been repealed, and any reference in this item to those sections is a reference to those sections prior to amendment by this Amendment Act;
(b) a bargaining council may be represented in arbitration proceedings in terms of section 33A of the Act by a person specified in section 138(4) of the Act or by a designated agent or an official of the council;
(c) the right of any party to be represented in proceedings in terms of section 191 of the Act must be determined by—
(i) section 138(4) read with section 140(1) of the Act for disputes about a dismissal; and
(ii) section 138(4) of the Act for disputes about an unfair labour practice.

[Subsection (1) amended by section 44 of Act No. 6 of 2014]

 

(2) Despite subitem 1(a), section 138(4) of the Act does not apply to an arbitration conducted in terms of section 188A of the Act.