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 Guidelines8. Representation at conciliation proceedings |
8.1. | A party to a dispute may be represented only:— |
(a) | by a co- Employee; or |
(b) | by a member, an office bearer or official of that party's trade union or Employers' organisation; and |
(c) | if the party is a juristic person, by a director or an Employee. |
If a party objects to a representative or the Conciliator is of the opinion that a representative is not authorised, the Conciliator must decide whether that representative may attend.
A dispute about the status and entitlement of a representative is a factual dispute. The Conciliator may call upon any person to demonstrate why he or she should be admitted as a representative. The Conciliator may request documentation, such as the constitution, pay-slips, the contract of employment, the prescribed form listing the directors of a company, recognition agreements. Representatives must be prepared to tender evidence in support of their status.