Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Wood and Paper SectorExtension of Collective Agreement on Conditions of Service : Pulp and Paper Sector to Non-partiesAnnexure A : Conciliation and Arbitration Guidelines6. Discretion to assume jurisdiction |
| 6.1. | If at any time the Council becomes aware that the dispute could have been resolved by another Bargaining Council, an accredited agency or in terms of a collective agreement the Council may, in terms of section 147 of the LRA |
| (a) | exercise its discretion to assume jurisdiction; |
| (b) | refer the dispute to the appropriate person or body for resolution. |
| 6.2. | In determining whether or not to assume jurisdiction in terms of section 147, the Council must be guided by whether. |
| (a) | the referral is an attempt to by -pass agreed or statutory procedures; |
| (b) | substantial injustice will be done by referring the dispute to the appropriate person or body for resolution; |
| (c) | the Council has jurisdiction. |
| 6.3. | If the Council declines jurisdiction it must give the parties brief reasons for its decision and advise the parties as to the appropriate person or body for resolving the dispute. |