Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Furniture Manufacturing Industry

South Western Districts

Main Collective Agreement

Part lll

Annexure F : Conciliation and Arbitration Guidelines

10. Impartiality of Commissioners
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(a) A Conciliator must be independent, and must be seen to be independent. Conciliators should disclose any interest or relationship that is likely to affect their impartiality or which might create a perception of partiality.

 

(b) After disclosure, a Conciliator may conciliate if both parties so desire, but should withdraw if he or she believes that a conflict of interest exists irrespective of the view expressed by the parties.

 

(c) If a party objects to a Conciliator the dispute, the Conciliator should not withdraw if he or she determines that the reason for the objection is not substantial and he or she can nevertheless act impartially and fairly, and that withdrawal would cause unnecessary delay or would be contrary to the ends of justice.

 

(d) Conciliators must conduct themselves in such a way as to avoid any inference of bias.