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

Constitutions

Constitution of Wholesale and Retail Sector Education and Training Authority (W&R SETA)

21. Dispute Resolution

 

21.1 Any dispute relating to the interpretation or implementation of this constitution shall be referred by the parties thereto to arbitration, to be conducted by an arbitrator duly appointed by the parties in dispute from a list of arbitrators determined by the Board from time to time for the full and final determination of the dispute.

 

21.2 Any dispute relating to a matter of interest to the parties shall be referred by the parties thereto to arbitration. The parties in dispute shall appoint an arbitrator from a list of Arbitrators as determined by the Board from time to time with both parties agreeing upon the procedure for the arbitration proceedings.

 

21.3 The arbitrator shall be entitled to resolve the dispute by way of conciliation before proceeding with arbitration.

 

21.4 In the event that conciliation is unsuccessful after a period of seven (7) days after the dispute was referred to the Arbitrator, the Arbitrator must arbitrate the dispute.

 

21.5 The Arbitrator must issue an arbitration award within fourteen (14) days after the conclusion of the arbitration proceedings. The cost of arbitration shall be borne by the parties to the dispute.

 

21.6 The Arbitrator's award will be final and binding on the parties thereto.