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Skills Development Act, 1998 (Act No. 97 of 1998)


Standard Constitution of SETA Regulations


Annexure 3 : Dispute Resolution


(1) Any party to a dispute concerning the interpretation or application of this Constitution must refer the dispute to the Chief Executive Officer for forwarding to the Executive Committee.


(2) The referral must—
(a) be in writing;
(b) adequately describe the dispute; and
(c) be delivered to every other party to the dispute by the party referring the dispute.


(3) The Chief Executive Officer must, as soon as is reasonably practicable, refer the dispute to the Executive Committee, which must endeavour to resolve the dispute by conciliation as soon as possible, but nevertheless within 30 days of the referral.


(4) If the Executive Committee fails to resolve the dispute within 30 days of its referral, any party to the dispute may refer it for arbitration by an arbitrator appointed by the Director-General of the Department in terms of the Arbitration Act, 1965 (Act No. 42 of 1965).


(5) Within 14 days of the conclusion of the arbitration proceedings—
(a) the arbitrator must issue a signed arbitration award with reasons; and
(b) the Chief Executive Officer must provide a copy of the award to every party to the dispute.


(6) The costs of the arbitration must be borne equally by the parties to the dispute, but the arbitrator may make a different and appropriate awarding of costs, if—
(a) a party to the dispute, without reasonable cause, refuses or fails to attend the arbitration proceedings, or unduly delays arbitration proceedings; or
(b) the arbitrator finds that a party pursuing or resisting the dispute did so vexatiously or frivolously, or had no reasonable prospect of succeeding.