(section 82(1)(c), (d), (g), (h), (i) and (j))
| (1) | The constitution must include provisions concerning the appointment of an election officer. |
Example :
| (a) | Every election or by—election in relation to a workplace forum must be conducted by an election officer appointed by agreement between the representative trade union and the employer. |
| (b) | If the trade union and the employer cannot agree, the trade union may apply to the Commission to appoint an election officer. |
| (c) | The Commission must appoint an election officer to conduct a by—election only if it is satisfied that the workplace forum cannot function adequately without a by—election. |
| (2) | The constitution must set out what the election officer should do and the procedure for an election. |
Example:
| (a) | Thirty days before each election of members of the workplace forum the election officer must— |
| (i) | prepare a list of all employees in the workplace; and |
| (ii) | call for nominations for members of the workplace forum. |
| (b) | Any employee may be nominated as a candidate for election as a member of the workplace forum by— |
| (i) | any registered trade union with members employed in the work—place; |
| (ii) | a petition signed by not less than 20 per cent of the employees in the workplace or 100 employees, whichever number of employees is the smaller. |
| (c) | Any employee who is a member or has previously served as a member of a workplace forum is eligible for reselection. |
| (d) | Fourteen days before each election of members of the workplace forum, the election officer must— |
| (i) | confirm that the nominated candidates qualify for election; |
| (ii) | publish a list of all qualified candidates who have been properly nominated; and |
| (iii) | prepare a ballot for the election, listing the nominated candidates in alphabetical order by surname. |
| (e) | Voting must be by secret ballot. |
| (f) | Every employee is entitled to vote in he election of the workplace forum during working hours at the employer"s premises. |
| (g) | Every employee in the workplace is entitled to cast a number of votes equal to the number of members to be elected to the workplace forum. |
| (h) | Every employee may cast one or more of those votes in favour of any candidate. |
