Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Motor Ferry IndustryExtension to non-parties of the Main Collective AgreementAnnexuresAnnexure 5 : Referrals to Arbitration |
| 1. | Referrals to arbitration will be as per the relevant provisions of the Labour Relations Act No 66 of 1995, as amended, or as per any existing binding collective agreement. Alternatively, the parties to a dispute may agree to private arbitration. |
| 2. | The referring party to arbitration must attempt to agree with the other party to the dispute: |
* Issues in dispute.
* Issues not in dispute.
* Documents which both parties agree to as common cause.
| 2. | A covering letter attaching the bundle of agreed documents, issues in, and not in, dispute must be sent to the arbitrator no later than 3 days before the arbitration. |
| 3. | The arbitrator may conduct the arbitration in accordance with any procedure he/she considers appropriate and may also make a cost awards against an applicant or respondent on the basis of a frivolous and/or vexatious cases. The relevant sections of the Labour Relations Act, Basic Conditions of Employment Act or Employment Equity Act (whichever applicable to this case) regarding reinstatement or compensation will be applicable. |
| 5. | Where relevant, legislation requires the matter to be dealt with by the Labour Court, then the matter may not be arbitrated upon unless both parties to the dispute agree. |