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


Schedule 9 : Model Constitution for a Statutory Council

12. Disputes referred to council for conciliation


(1) In this clause, a dispute means any dispute between any of the parties to the council that may be referred to a council in terms of the Act except a dispute contemplated in clause 14.


(2) For the purposes of sub-clause (1), a party to the council includes the members of any party to the council.


(3) Any party to a dispute may refer the dispute in writing to the council.


(4) The party who refers the dispute must satisfy the secretary that a copy of the referral has been served on all the other parties to the dispute.


(5) If satisfied that the referral has been served in compliance with sub-clause (4), the secretary—
(a) may, if there is a collective agreement binding on the parties to the dispute that provides for an alternative procedure for resolving disputes, refer the dispute for resolution in terms of that procedure; or
(b) must appoint a member of the panel of conciliators to attempt to resolve the dispute through conciliation.


(6) Nothing in this clause prevents an officer or an employee of the council investigating the dispute or attempting to conciliate the dispute before the appointment of a conciliator in terms of sub-clause (5)(b).