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

Schedules

Schedule 9 : Model Constitution for a Statutory Council

11. Panels of conciliators and arbitrators

 

 

1) At its annual general meeting, the council must appoint
a) a panel of conciliators, consisting of ___ members, for the purpose of conciliating disputes; and
b) a panel of arbitrators, consisting of ___ members, for the purpose of determining disputes.

 

2) The council may remove a member of the panel of conciliators or arbitrators from office
a) for serious misconduct;
b) due to incapacity; or
c) if at least one half of the employer representatives in the council and at least one half of the employee representatives in the council have voted in favour of the removal of that member from office.

 

3) If for any reason there is a vacancy in the panel of conciliators or the panel of arbitrators, the council may appoint a new member to the relevant panel for the unexpired portion of the predecessor's term of office.

 

4) Unless the parties to a dispute have agreed on a member of the panel of conciliators or the panel of arbitrators to conciliate or arbitrate their dispute, the secretary must appoint a member of the relevant panel to conciliate or arbitrate the dispute.

 

5)
a) A person may be appointed to both the panel of conciliators and the panel of arbitrators.
b) A member of the panel of conciliators or the panel of arbitrators whose term of office expires, will be eligible for re-appointment to the relevant panel at the end of that term.