Labour Relations Act, 1995 (Act No. 66 of 1995)Codes of Good PracticeCollective Bargaining, Industrial Action and PicketingPart B : Collective Bargaining12. Use of facilitators |
| (1) | Parties to collective bargaining should consider the appointment of a facilitator/s by mutual agreement to facilitate negotiations by— |
| (a) | including the appointment and use of facilitators in negotiation procedures contained in bargaining council constitutions and recognition agreements; |
| (b) | considering the appointment and use of a facilitator in the preparation for negotiations; and |
| (c) | raising the appointment and use of a facilitator with the other party before negotiations commence . |
| (2) | Although it is advisable for parties to a course of negotiations to appoint a facilitator from the beginning of the negotiations, negotiators should be free to raise the appointment of a facilitator at any time during the course of negotiations if it could assist the successful conclusion of the negotiations, particularly in order to break a deadlock. |
| (3) | Facilitators should be appointed to continue facilitation even after a dispute is declared and particularly if one or both the parties to the negotiations engage in industrial action. |
| (4) | Trade unions, employers and employers' organisations that engage in collective bargaining on a regular basis should consider the appointment of a facilitator or a panel of facilitators to facilitate their negotiations and their relationship from one course of negotiations to the next |