Labour Relations Act, 1995 (Act No. 66 of 1995)SchedulesSchedule 9 : Model Constitution for a Statutory Council12. Disputes referred to council for conciliation |
| (1) | In this clause, a dispute means any dispute between any of the parties to the council that may be referred to a council in terms of the Act except a dispute contemplated in clause 14. |
| (2) | For the purposes of subclause (1), a party to the council includes the members of any party to the council. |
| (3) | Any party to a dispute may refer the dispute in writing to the council. |
| (4) | The party who refers the dispute must satisfy the secretary that a copy of the referral has been served on all the other parties to the dispute. |
| (5) | If satisfied that the referral has been served in compliance with subclause (4), the secretary— |
| (a) | may, if there is a collective agreement binding on the parties to the dispute that provides for an alternative procedure for resolving disputes, refer the dispute for resolution in terms of that procedure; or |
| (b) | must appoint a member of the panel of conciliators to attempt to resolve the dispute through conciliation. |
| (6) | Nothing in this clause prevents an officer or an employee of the council investigating the dispute or attempting to conciliate the dispute before the appointment of a conciliator in terms of subclause (5)(b). |