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

Schedules

Schedule 9 : Model Constitution for a Statutory Council

5. Appointment of representatives

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(1)	The council consists of—

(a)	.............. representatives of the employers" organisations that are parties to the council, .............. of whom represent(s) small and medium enterprises; and

(b)	.............. representatives of the trade unions that are parties to the council.

(2)	The representatives will be allocated among the parties to the council as follows—

(a)	employers" organisation(s)—	number of representatives—
	...........................................................	.............................................................
	...........................................................	.............................................................
	...........................................................	.............................................................
	(names)

(b)	trade union(s)—	number of representatives—
	...........................................................	.............................................................
	...........................................................	.............................................................
	...........................................................	.............................................................
	(names)

(3)	Subject to subclause (2) and to its own constitution, each party to the council may appoint—

(a)	its representatives to the council; and

(b)	an alternate for each of its representatives.

(4)

(a)	A representative or an alternate will hold office for 12 months and will be eligible for re-appointment at the end of that term.

(b)	A representative or an alternate whose term of office has expired and who is not re-appointed, may nevertheless continue to act as a representative until that representative"s successor assumes office.

(5)	Despite subclause (4)—

(a)	a party may withdraw any of its representatives or alternates after having given at least 21 days" notice in writing to the secretary;

(b)	a representative who, without good cause, is absent from three consecutive meetings of the council, is disqualified from continuing in that office.

(6)	If the office of any representative or alternate becomes vacant, the party that appointed the representative or alternate may appoint another representative or alternate for the unexpired portion of the predecessor"s term of office.