Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building IndustryNorth and West BolandExtension of Collective Agreement to non-parties24. Procedure for the resolution of disputes |
| (1) | Any alleged infringements of the provisions of this Agreement shall be resolved mutatis mutandis in the manner specified in clause 25.4 of the Constitution of the Council. |
| (2) | Any person may refer a dispute about the interpretation or application, including enforcement, of this Agreement or any other disputes to the Secretary of the Council for resolution in terms of this Clause and the Council's Constitution. |
| (3) | The Secretary may require a designated agent to investigate the dispute. |
| (4) | The designated agent must investigate the facts surrounding the dispute and if the agent has reason to believe that the Agreement or the Act has been breached, the agent may endeavour to secure compliance with the Agreement or Act through conciliation. |
| (5) | The designated agent must submit, within five (5) working days, a written report to the Secretary on the investigation, the steps taken to secure compliance and the outcome of those steps. The Secretary may extend the aforementioned period when necessary. |
| (6) | If in the course of performing a designated agent's duties, an agent discovers what appears to be a breach of the Agreement or the Act, the agent— |
| (a) | may investigate the alleged breach; |
| (b) | may endeavour to secure compliance with the Agreement or the Act; and |
| (c) | must submit a report to the Secretary on the investigation, the steps taken to secure compliance and the outcome of those steps. |
| (7) | On receipt of the report, the Secretary may— |
| (a) | require the designated agent to make further investigations; or |
| (b) | if further conciliation is indicated, appoint a conciliator from the Council's panel of conciliators; or |
| (c) | issue a compliance order; or |
| (d) | refer the dispute to arbitration in terms of this Agreement and the Council's Constitution. |
| (8) | If a conciliator is appointed, the Secretary must decide the date, time and venue of the conciliation meeting and must serve notices of these particulars on the parties to the dispute. |
| (9) | If the dispute is referred to arbitration, the Secretary must appoint an arbitrator from the panel of arbitrators. |
| (10) | The Secretary, in consultation with the arbitrator, must decide the date, time and venue of the arbitration hearing. |
| (11) | The Secretary must serve notices of the date, time and venue of the arbitration on the parties to the dispute and any other person who may have a legal interest in the outcome of the arbitration. |
| (12) | The arbitrator must— |
| (a) | endeavour to conciliate the dispute; and |
| (b) | if the dispute remains unresolved, resolve the dispute through arbitration. |
| (13) | The arbitrator must conduct the arbitration in a manner that he considers appropriate in order to determine the dispute fairly and quickly, but must deal with the substantial merits of the dispute with the minimum of legal formalities. |
| (14) | Subject to the arbitrators discretion as to the appropriate form of the proceedings, a party to the dispute, including the Council, may give evidence, call witnesses, question witnesses of any other party, and address concluding arguments to the arbitrator. |
| (15) | The arbitrator may suspend the arbitration proceedings and attempt to resolve the dispute through conciliation if the Council and the parties to the dispute consent to this. |
| (16) | In any arbitration proceedings, a party to the dispute may appear in person or be represented by a legal practitioner, a co-employee or a member, office bearer or official of that party's trade union or employers organisation and, if the party is a juristic person, by a director or employee. |
| (17) | If the party who referred the dispute to the council fails to appear in person or to be represented at the arbitration proceedings, the arbitrator may dismiss the matter. |
| (18) | If a party, other than the party who referred the dispute to the Council, fails to appear in person or be represented at the arbitration proceedings, the arbitrator may— |
| (a) | continue with the arbitration proceedings in the absence of that party; or |
| (b) | adjourn the arbitration proceedings to a later date. |
| (19) | Within 14 days of the conclusion of the arbitration proceedings— |
| (a) | the arbitrator must issue an arbitration award with reasons, signed by the arbitrator; and |
| (b) | the Council must serve a copy of that award on each party to the dispute; and |
| (c) | file the original of that award with the Registrar of the Labour Court. |
| (20) | On good cause shown, the Secretary of the Council may extend the period in which the arbitration award and the reasons are to be served and filed. |
| (21) | The arbitrator may make any appropriate award that gives effect to the Agreement, which award shall be final and binding. |
| (22) | The arbitrator may not include an order for costs in the arbitration award unless a party, or the person who represented that party during any stage of the dispute resolution proceedings, acted in a frivolous or vexatious manner. |
| (23) | Notwithstanding the provisions of subclause (21) an arbitrator may on his own initiative or as a result of an application by an effected party, vary or rescind an award— |
| (a) | erroneously sought or made in the absence of any party affected by the award; |
| (b) | in which there is ambiguity, or an obvious error or omission, by only to the extent of the ambiguity, error or omission; or |
| (c) | granted as a result of a mistake corner on to the parties to the proceedings. |
| (24) | The Secretary may apply to make the arbitration award an order of the Labour Court under section 158(1) of the Act. |
| (25) | The provisions of this dispute procedure stand in addition to any other legal remedy through which the Council may enforce the Agreement. |
| (26) | The Secretary of the Council may delegate all or any of the duties and/or functions conferred on him in this clause to another employee of the Council. |