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

Notices

Bargaining Council for the Meat Trade, Gauteng

Main Collective Agreement to Non-Parties

29. Resolution of Disputes

29C. Disputes concerning Dismissals
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(a) Any dispute that relates to the dismissal of one or more employees and that is referred to the Council shall be dealt with in terms of this clause. Any such dispute shall be referred to the Council, in writing within 30 days of the date of dismissal: Provided that the Council may condone a late referral of such a dispute on good cause shown.
(b) The party referring the dispute shall satisfy the Council that a copy of the referral has been served on all other parties to the dispute. This service shall be effected by means of telefax, hand delivery or registered post.
(c) The Council shall arrange a meeting within 30 days of receipt of notification of the dispute for the purpose of attempting to resolve the dispute through conciliation.
(d) If the Council fails to resolve the dispute or if any party is aggrieved by the Council's decision referred to in paragraph (a), it may within 7 days of the decision request that the dispute be referred to arbitration;
(e) The Council may require the applicant to pay a fee of R100,00 as a nominal contribution to the Councils' wasted costs in convening the meeting, if the applicant fails to appear in person or if represented by an industrial relations practitioner, legal practitioner, co- employee or by a member, an office bearer or official of that party's trade union or employers' organization and, if the party is a juristic person, by a director and an employee
(f) Should the dispute be referred for arbitration, the Council shall appoint an Arbitrator and all proceedings will be subject to the provisions of the Labour Relations Act, 1995, as amended. The arbitrator shall have the power to decide upon the procedure to be followed at the arbitration hearing, and shall, in its discretion, be entitled to make an award in respect of the parties' arbitration costs, in terms of section 138 (10) of the Act. The arbitrator's decision shall be final and binding. If, in terms of section 194 (1) of the Act, the arbitrator finds that the dismissal is procedurally unfair, the arbitrator may charge the employer an arbitration fee.