Labour Relations Act, 1995 (Act No. 66 of 1995)Chapter IX : Regulation of Non—Standard Employment and General Provisions198D. General provisions applicable to sections 198A to 198C |
| (1) | Any dispute arising from the interpretation or application of sections 198A, 198B and 198C may be referred to the Commission or a bargaining council with jurisdiction for conciliation and, if not resolved, to arbitration. |
| (2) | For the purposes of sections 198A(5), 198B(8) and 198C(3)(a), a justifiable reason includes that the different treatment is a result of the application of a system that takes into account— |
| (a) | seniority, experience or length of service; |
| (b) | merit; |
| (c) | the quality or quantity of work performed; or |
| (d) | any other criteria of a similar nature, |
and such reason is not prohibited by section 6(1) of the Employment Equity Act, 1998 (Act No. 55 of 1998).
| (3) | A party to a dispute contemplated in subsection (1), other than a dispute about a dismissal in terms of section 198A(4), may refer the dispute, in writing, to the Commission or to the bargaining council, within six months after the act or omission concerned. |
| (4) | The party that refers a dispute must satisfy the Commission or the bargaining council that a copy of the referral has been served on every party to the dispute. |
| (5) | If the dispute remains unresolved after conciliation, a party to the dispute may refer it to the Commission or to the bargaining council for arbitration within 90 days. |
| (6) | The Commission or the bargaining council may at any time, permit a party that shows good cause to, refer a dispute after the relevant time limit set out in subsection (3) or (5). |
[Section 198D inserted by section 38 of Act No. 6 of 2014]