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

Schedules

Schedule 9 : Model Constitution for a Statutory Council

13. Disputes referred to council for arbitration

 

 

1) For the purpose of this clause, a dispute means any dispute between any of the parties to the council that
a) has been referred to a conciliator in terms of clause 12, but remains unresolved, and
i) the Act requires that the dispute be arbitrated and any party to the dispute has requested that the dispute be resolved through arbitration; or

ii) all the parties to the dispute consent to arbitration; or
b) it is a dispute about the interpretation or application of the provisions of this constitution.

 

2) Any party to a dispute may request that the dispute be resolved through arbitration.

 

3) The secretary must appoint a member of the panel of arbitrators to arbitrate the dispute.

 

4) The arbitrator may conduct the arbitration in a manner that the arbitrator considers appropriate in order to determine the dispute fairly and quickly, but must deal with the substantial merits of the dispute with the minimum of legal formalities.

 

5) The arbitration proceedings must be conducted in accordance with the provisions of sections 138 and 142 and, if applicable, sections 139 , 140 and 141 , of the Act, read with the changes required by the context.