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

Part H : General

40. What words mean in these Rules

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Any expression in these Rules that is defined in the Labour Relations Act, 1995 (Act No.66 of 1995), has the same meaning as in that Act and—

 

"Act"

means the Labour Relations Act, 1995 (Act No.66 of 1995), and includes any regulation made in terms of that Act;

 

"con-arb"

means proceedings held in terms of section 191(5A) of the Act, where an arbitration commences immediately after certifying that the dispute remains unresolved in conciliation;

 

"Council"

means the Bargaining Council for the Food Retail, Restaurant, Catering and Allied Trades registered in terms of section 29 of the Act;

 

"Council commissioner"

means an individual appointed by the Council to resolve disputes;

 

"deliver"

means serve on other parties and file with the Council;

 

"dispute of interest"

means any dispute concerning a matter of mutual interest; excluding any dispute that a party has the right to refer to arbitration or to the Labour Court under the Act, a collective agreement or an arbitration agreement;

 

"dispute of right"

means a legal claim to which a party in the employment relationship is entitled by virtue of the employment contract, a collective agreement, a statute or the common law;

 

"Director"

means the Director of the Commission appointed in terms of section 118 of the Act, and includes any person delegated by the Director to perform any of the functions of the Director;

 

"file"

means to lodge with the Council in terms of rule 6;

 

"Labour Court"

means the Labour Court established by section 151 of the Act and includes any judge of the Labour Court;

 

"party"

means any party to proceedings before the Council;

 

"legal practitioner"

means a practising advocate, a practising attorney;

 

"public holiday"

means a public holiday referred to in section 1 of the Public Holidays Act, 1994 (Act No.36 of 1994) as amended from time to time.

 

"Rules"

means these rules;

 

"Secretary"

means Chief Administrative Officer of the Council;

 

"serve"

means to serve in accordance with rule 5 and "service" has a corresponding meaning; and

 

"taxing officer"

means any competent person appointed by the Secretary in terms of rule 39.