Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Furniture Manufacturing IndustrySouth Western DistrictsMain Collective AgreementPart lllAnnexure F : Conciliation and Arbitration Guidelines6. Discretion to assume jurisdiction |
| (a) | If at any time the Council becomes aware that the dispute could have been resolved by another bargaining council, an accredited agency or in times of a Collective Agreement, the Council may, in terms of section 147 of the LRA— |
| (i) | exercise its discretion to assume jurisdiction; |
| (ii) | refer the dispute to the appropriate person or body for resolution. |
| (b) | In determining whether or not to assume jurisdiction in terms of section 147, the Council must be guided by whether— |
| (i) | the referral is an attempt to bypass agreed or statutory procedures; |
| (ii) | substantial injustice will be done by referring the dispute to the appropriate person or body for resolution; |
| (iii) | the Council has jurisdiction. |
| (c) | If the Council declines jurisdiction it must give the parties brief reasons for its decision and advise the parties as to the appropriate person of body for resolving the dispute. |