| (1) | An award must be in the prescribed form and include— |
| (a) | a report on factual findings; |
| (b) | recommendations for the resolution of the dispute; |
| (c) | motivation for why the recommendations ought to be accepted by the parties; and |
| (d) | the seven—day period within which the parties to the dispute must either indicate acceptance or rejection of the award. |
| (2) | If the chairperson is not able to secure consensus of both assessors in respect of the award contemplated in subsection (1), the chairperson must issue the award on behalf of the panel. |
| (3) | The chairperson must serve the advisory arbitration award on the parties to the dispute to allow them to consider the award and consult and take such measures as may be necessary to ensure that the award is not made publicly available before the Minister has published the award in terms of subsection (7). |
| (4) | A party to the dispute may apply to the chairperson in the prescribed form for an extension of the time period in subsection (1)(d) for no more than five days. |
| (a) | The parties to the dispute may indicate their acceptance or rejection of the award within the period contemplated in subsection (1)(d). |
| (b) | If a party to the dispute fails to indicate either its acceptance or rejection of the award within the period contemplated in subsection (1)(d), the party is deemed to have accepted the award. |
| (c) | If a party rejects the award, it must motivate its rejection in the prescribed manner. |
| (6) | An employers’ organisation or trade union party to a dispute must, in accordance with its constitution, consult with its members before rejecting an award in terms of subsection (5)(a). |
| (7) | The Minister must, within four days of the award being issued, publish the award in the prescribed manner for public dissemination. |
| (8) | Nothing in this section may be construed to prevent any party to the dispute to request the panel to reconvene in order to seek an explanation of the award or to mediate a settlement of the dispute based on the award or a variation of the award. |
[Section 150C inserted by section 17 of Notice No. 1304, GG 42061, dated 27 November 2018]
