(section 82(1)(k), (l) and (m))
(1) | The constitution must provide that the members of a workplace forum remain in office until the first meeting of the newly elected workplace forum. |
(2) | The constitution must include provisions allowing the members to resign as well as provisions for the removal of members from office. |
Example:
(a) | A member of a workplace forum may resign by giving written notice to the chairperson. |
(b) | A member of a workplace forum must vacate that office— |
(i) | when the member"s resignation takes effect; |
(ii) | if the member is promoted to senior managerial status; |
(iii) | if the member is transferred from the workplace; |
(iv) | if the member s employment is terminated; |
(v) | as a result of an award of a commissioner; or |
(vi) | if the representative trade union that nominated a member removes the member |
(c) | The representative trade union, the employer, or the workplace forum may apply to the Commission to have a member of the workplace forum removed from office on the grounds of gross dereliction of the duties of office. |
(d) | Twenty percent of the employees in the workplace may submit a signed petition to the Commission applying for the removal from office of a member of the workplace forum on the grounds of gross dereliction of the duties of office. |
(e) | An application to remove a member of a workplace forum from office must be decided by arbitration under the auspices of the Commission. |
(f) | A by—election to fill any vacancy in the workplace forum must be conducted by an election officer. |