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

Notices

Bargaining Council for the Food Retail, Restaurant, Catering and Allied Trades

Extension to Non-parties of the Main Collective Agreement

Annexures

Annexure G - Rules for Conciliation and Arbitrating Disputes in the Bargaining Council for the Food Retail, Restaurant, Catering and Allied Trades

Part F: Applications

32. How to refer a dismissal dispute to the Labour Court
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(1)An application in terms of section 191(6) of the Act to refer a matter to the Labour Court, must be made within 14 days of the dispute being certified unresolved in conciliation.

 

(2)Notwithstanding subrule (1), a party that requests arbitration may not thereafter make an application in terms of section 191(6).

 

(3)The application must state the grounds on which a party relies in requesting that the dispute be referred to the Labour Court.

 

(4)If any party to the dispute objects to the matter being referred to the Labour Court, that party must state the grounds for the objection within seven days of receipt of the application.

 

(5)The Council must notify the parties of its decision in terms of section 191(8) within 14 days of receiving the objection.