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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

30. Unfair Labour Practice

 

 

1) Any dispute about an unfair labour practice referred to a council or Commission in accordance with items 3(1) and (2) of this Schedule prior to the commencement of the Amendment Act must be dealt with as if items 2, 3 and 4 of this Schedule had not been repealed.

 

2)
a) A dispute concerning any act or omission constituting an alleged unfair labour practice that occurred prior to the commencement of the Amendment Act that had not been referred to a council or Commission in terms of item 3(1) and 3(2) prior to the commencement of the Amendment Act must be dealt with in terms of section 191 of the Act.
b) If a dispute contemplated in paragraph (a) is not referred to conciliation in terms of section 191(1)(a) of the Act within 90 days of the commencement of the Amendment Act, the employee alleging the unfair labour practice must apply for condonation in terms of section 191(2) of the Act.
c) Subitem (a) does not apply to an unfair labour practice in relation to probation.