Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Metal and Engineering IndustriesDispute Resolution AgreementExtension of the Dispute Resolution Collective Agreement to Non-parties8. Dispute Resolution procedure for the Interpretation, Application, or Enforcement of Collective Agreements8.6. Conciliation |
| (a) | If the dispute is not resolved within 30 days of a party providing written notice to the Council in terms of sub-clause 8.2(b) above or of a designated agent initiating an investigation in terms of sub-clause 8.4(a)(i) above, or any further period agreed between the parties, the Secretary shall refer it to conciliation if it has not previously been referred to conciliation in terms of this Procedure. The Secretary shall appoint a conciliator from the Council's panel of conciliators, for this purpose. |
| (b) | In any conciliation proceedings conducted in terms of this Procedure, the conciliator may use whatever process he/she feels is appropriate in an attempt to resolve the dispute, which may or may not require meetings with the parties or their representatives. The conciliation shall be deemed to have failed, if the conciliator declares it so in writing or if the dispute has not been resolved within 14 days of the appointment of a conciliator or the initiation of conciliation by a designated agent in terms of Sub-clause 8.4(a)(ii) above. This period may be extended by agreement between the conciliator and the parties involved. |
| (c) | At any conciliation meeting, a party to the dispute may appear in person or be represented only by a co-employee or a bona fide member, office bearer or official of that party's registered trade union or registered employers' organisation and, if that party is a juristic person, by a director or an employee. These provisions may be varied by agreement between the parties to the dispute. |