Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Private Security SectorExtension to Non-parties of the Main Collective AgreementDispute ResolutionPart Seven: Section 188A Inquiry |
| 34. | How to request an inquiry in terms of Section 188A |
| (1) | An employer requesting the Council to conduct an inquiry, must do so by delivering a completed LRA Form 7.19 to the Council. |
| (2) | The employee must sign the LRA Form 7.19 unless the employee has agreed in terms of Section 188A(4)(b)5 to the inquiry in a contract of employment or the inquiry is held in accordance with a collective agreement, in which case a copy of the contract or the collective agreement must be attached to the Form. |
| (3) | When filing the LRA Form 7.19, the employer must pay the prescribed fee to the Council. Payment of the fee may only be made by— |
| (a) | bank guaranteed cheque; or |
| (b) | electronic transfer into the bank account of the Council. |
| (4) | Within seven (7) days of receiving a request in terms of sub-rule (1) and payment of the prescribed fee, the Council must notify the parties to the inquiry of when and where the inquiry will be held. |
| (5) | Unless the parties agree otherwise, the Council must give the parties at least seven (7) days notice of the commencement of the Inquiry. |
| (6) | The Council is only required to refund a fee paid in terms of sub-rule (3), if the Commission is notified of the resolution of the matter prior to issuing a notice n terms of sub-rule (4). |