Labour Relations Act, 1995 (Act No. 66 of 1995)Chapter VII : Dispute ResolutionPart C : Resolution of disputes under auspices of Commission137. Appointment of senior commissioner to resolve dispute through arbitration |
| (1) | In the circumstances contemplated in section 136(1), any party to the dispute may apply to the director to appoint a senior commissioner to attempt to resolve the dispute through arbitration. |
| (2) | When considering whether the dispute should be referred to a senior commissioner, the director must hear the party making the application, any other party to the dispute and the commissioner who conciliated the dispute. |
| (3) | The director may appoint a senior commissioner to resolve the dispute through arbitration, after having considered— |
| (a) | the nature of the questions of law raised by the dispute; |
| (b) | the complexity of the dispute; |
| (c) | whether there are conflicting arbitration awards that are relevant to the dispute; and |
| (d) | the public interest. |
| (4) | The director must notify the parties to the dispute of the decision and— |
| (a) | if the application has been granted, appoint a senior commissioner to arbitrate the dispute; or |
| (b) | if the application has been refused, confirm the appointment of the commissioner initially appointed, subject to section 136(4). |
| (5) | The director"s decision is final and binding. |
| (6) | No person may apply to any court of law to review the director"s decision until the dispute has been arbitrated. |