| (1) | Despite any provision to the contrary in this Act, the director may appoint one or more commissioners who must attempt to resolve the dispute through conciliation, whether or not that dispute has been referred to the Commission or a bargaining council— |
| (a) | with the consent of the parties; or |
| (b) | in the absence of consent by the parties, if the director believes it is in the public interest to do so. |
| (2) | Before appointing a commissioner in terms of this section, the director must consult— |
| (a) | the parties to the dispute; and |
| (b) | the secretary of a bargaining council with jurisdiction over the parties to the dispute. |
| (3) | The director may appoint a commissioner who has already conciliated that dispute. |
| (4) | In addition, to assist a commissioner appointed in terms of subsection (1), the director may appoint— |
| (a) | one person from a list of at least five names submitted by the representatives of organised labour on the governing body of the Commission; and |
| (b) | one person from a list of at least five names submitted by the representatives of organised business on the governing body of the Commission. |
| (5) | Unless the parties to the dispute agree otherwise, the appointment of a commissioner in terms of this section does not affect any entitlement, of an employee to strike or an employer to lock—out, that the party to the dispute may have acquired in terms of Chapter IV. |
[Section 150 substituted by section 24 of Act No. 6 of 2014]
