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

Notices

National Bargaining Council for the Private Security Sector

Main Collective Agreement

37. Resolution of Disputes
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(1)Disputes about the interpretation or application of Council's Collective Agreements (Enforcement):

 

(a)In this clause a dispute is any dispute arising out of the interpretation, or application or enforcement of the Council's Collective Agreements and includes a breach or breaches or alleged breach or alleged breaches of those agreements.

 

(b)Any person may refer a dispute about the interpretation, application or enforcement of the Council's Collective Agreements to the Council who may require an agent or designated agent as appointed by the Minister of Labour at the request of the Council, to assist in giving effect to the terms of this Agreement and/or t.o investigate the dispute.

 

(c)Any designated agent of the Council must investigate a dispute that comes to his attention in the course of performing his duties.

 

(d)A dispute may be conciliated by:
(i)a designated agent in the course of or after an investigation; or
(ii)a duly appointed conciliator.

 

(e)Any designated agent of the Council is authorized to issue a Compliance Order requiring any person bound by the Council's Collective Agreements to comply with the Collective Agreements within 14 days.

 

(f)Any dispute envisaged in this clause may be dealt with in accordance with the provisions of Section 33A of the Act.

 

(g)Any arbitrator who has issued an arbitration award or ruling, or any other arbitrator appointed by the Secretary for that purpose may at his own initiative or as a result of an application by an affected party, vary or rescind an award or ruling—
(i)erroneously sought or made in the absence of any party affected by the award;
(ii)in which there is ambiguity, or an obvious error or omission, but only to the extent of that ambiguity, error or omission;
(iii)granted as a result of a mistake common to the parties to the proceedings; or
(iv)made in the absence of any party, on good cause shown.

 

(h)If the arbitrator makes an award and a party to the arbitration must pay an arbitration fee, such fee will be determined by the Council from time to time.