Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Restaurant, Catering and Allied TradesExtension to Non-parties of the Main Collective Agreement28A. Disputes pertaining to Contraventions of the Agreement |
| (1) | Disputes pertaining to contraventions of the Agreement must be done in the form of a sworn statement, setting out all the material fact(s) that form the basis of the complaint. |
| (2) | On receipt of the complaint the Council shall within 14 days appoint a designated agent or official to investigate the dispute and/or may request further Information, facts or data from either the employee or the employer. |
| (3) | The designated agent or official shall within 14 days of his appointment submit a written report to the Secretary on his investigation and the steps he had taken to ensure compliance with the Agreement and the recommendation for the finalisation of the complaint. |
| (4) | Should the complaint not be settled, the complainant may request the Council to convene arbitration proceeding(s) within 30 days of being served with the outcome of the investigation. |
| (5) | The designated agent or Official may endeavour to secure a written undertaking by the employer to comply with the contravention(s) of the Agreement and obtain an agreement between the employer and employee as to any amount owed to the employee in terms of the Collective Agreement. |
| (6) | If an employer fails to comply with a written undertaking given by the employer in terms of this clause, the Secretary may apply to the CCMA to make the undertaking an arbitration award. |
| (7) | The referral for an arbitration shall be served on the employer by the employee and the referral together with proof of service must be served on the Council. |
| (8) | If the complainant shows good cause at any time, the Council may permit the complainant to refer the complaint after the 30-day limit has expired. |
| (9) | The Council must give the parties at least 14 days' notice in writing that the complaint has been scheduled for arbitration. |
| (10) | If a party fails to appear or be represented at the scheduled hearing, the commissioner must proceed with the arbitration on the date specified in the notice. |
| (11) | In arbitration proceedings, a party to the complaint may appear in person or be represented only by: |
| (a) | a director or employee of that party; or |
| (b) | any member, office bearer or official of that party's registered trade union or registered employers' organisation. |
| (12) | An arbitrator conducting an arbitration in terms of this clause has all the powers of a commissioner as set out in the Act. |
| (13) | An arbitrator may, make an appropriate award including: |
| (a) | ordering any person to pay any amount owing in terms of this agreement provided that any claim pertaining to clause 5, 6, 7, 9, 13, 14, 16 and 17, shall not exceed the period of 12 months, from date the complaint has now been lodged at the council; |
| (b) | charging a party an arbitration fee; |
| (c) | ordering a party to pay the costs of the arbitration; |
| (d) | any award contemplated in section 138(9) of the Act. |
| (14) | An award in terms of this clause is final and binding and may be enforced in terms of section 143 of the Act after the Secretary and or a person appointed by the Council has certified the arbitration award, unless it's an advisory arbitration award. |
| (a) | The award was conducted under the auspices of the Council. |
| (b) | A copy of the award was served on the Respondent. |
| (c) | Unless it is an advisory arbitration award. |
| (15) | The council may by agreement between the parties or on application by any party may make a written settlement agreement which is duly signed by both parties in respect of any complaint referred to the council, an arbitration award. |