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

Notices

Bargaining Council for the Laundry Cleaning and Dyeing Industry

Kwa Zulu Natal

Extension to Non-Parties of the Main Collective Agreement

Part H : General

42. Disputes on Interpretation, Application or Enforcement of this Agreement
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42.1 Any person may lodge a complaint or refer a dispute about the interpretation, application or enforcement of this Agreement to the Secretary of the Council for resolution.

 

42.2 The Secretary may require a designated agent to investigate, to endeavour to resolve the matter by conciliation and to report back to him within seven days on the outcome thereof.

 

42.3 If, in the course of performing his duties, an agent discovers what appears to be a breach of the Agreement, he must follow the same procedure as in 34.4.5 above

 

42.4 On receipt of a report the Secretary may, if necessary—
(a) call for more information or investigation;
(b) appoint a conciliator from the Council panel;
(c) refer the matter for conciliation;
(d) issue a compliance order; or
(e) refer the dispute to arbitration in terms of this Agreement.

 

42.5 If further conciliation is required the Secretary must arrange the date, time and venue and must serve notice on the parties to the dispute.

 

42.6 If a compliance order is issued, that order must be served on the party allegedly in breach of the Agreement.

 

42.7 The party on whom the order is served may object in writing to the Council within 10 days, on receipt of which the Secretary must take any of the steps in 42.4 above as may be necessary, excluding paragraph (e).

 

42.8 If a party fails to object, the Secretary may at any time apply to have the order made an arbitration award.

 

42.9 If the dispute is referred to arbitration, the Secretary must appoint an arbitrator and, in consultation with him, must decide the date, time and venue of the arbitration hearing.

 

42.10 The Secretary must serve notice of arbitration hearing on the parties to the dispute and any person who may have a legal interest in the outcome of the arbitration.

 

42.11 The arbitrator must conduct the arbitration in a manner which he considers to be appropriate in order to determine the dispute fairly and quickly, but must deal with the substantial merits of the dispute with the minimum of legal formalities.

 

42.12 Subject to the arbitrator's discretion as to the appropriate form of the proceedings, a party to the dispute, including the Council, may give evidence, call witnesses, question witnesses of any other party and address concluding arguments to the arbitrator.

 

42.13 The arbitrator may suspend the arbitration proceedings and attempt to resolve the dispute by conciliation if the Council and the parties to the dispute consent to this.

 

42.14 In any arbitration proceedings, a party to the dispute must appear in person and may be assisted by a legal practitioner, an office-bearer or official of that party's union or organization and, if the party is a juristic person, by a director or employee.

 

42.15 If the party who referred the dispute to the Council fails to appear in person or to be represented at the arbitration proceedings, the arbitrator may dismiss the matter.

 

42.16 If the other party to the dispute fails to appear in person or to be represented at the arbitration proceedings the arbitrator may continue with the proceedings in their absence, or may adjourn the proceedings to a later date.

 

42.17 The Secretary may refer disputes to expedited arbitration if he is satisfied that—
(a) a compliance order has been issued and the party on which the order has been issued has not objected; or
(b) the dispute is capable of being determined by written evidence only; or
(c) the dispute is about the interpretation of the Agreement only; or
(d) the parties to the dispute agree.

 

42.18 Notwithstanding the provisions of this clause the arbitrator may determine the dispute and make the compliance order an award without hearing oral evidence if he is satisfied that the parties have been properly served and it is appropriate in circumstances to do so.

 

42.19 Within 14 days of the conclusion of the arbitration proceedings the arbitrator must issue an arbitration award with reasons, signed by him, and the Council must serve a copy of the award on each party to the dispute.

 

42.20 On good cause shown, the Secretary of the Council may extend the period in which the arbitration award and the reasons are to be served and filed.

 

42.21 The Secretary of the Council may apply to make the arbitration award an order of the Labour Court under section 158(1) of the Act.

 

42.22 The provisions of this dispute procedure stand in addition to any other legal remedy through which the Council may enforce a collective agreement.