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

Notices

Bargaining Council for the Civil Engineering Industry: Conditions of Employment Collective Agreement

The Independent Exemptions Appeal Board Policy for the Civil Engineering Industry

Chapter I : Introductory Provisions

5. Criteria on appeal

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5.1 in considering an appeal the Board must take into account—
5.1.1 The criteria set out in Chapter vi clause 1 of the Conditions of Employment Agreement of the Council;
5.1.2 Any criteria established or approved by the management committee of the Council in terms of the exemptions policy of Council.

 

5.2 In addition, the Board must consider—
5.2.1 the financial hardship of the applicant for exemption;
5.2.2 the potential impact an exemption may have on the collective bargaining process;
5.2.3 whether alternatives to exemption were considered or implemented;
5.2.4 the need to avoid retrenchments;
5.2.5 any other factors relevant to the particular exemption application.