Mine Health and Safety Act, 1996 (Act No. 29 of 1996)Chapter 3 : Health and Safety Representatives and Committees40. Disputes concerning this Chapter |
| (1) | Any party to a dispute about the interpretation or application of any provision of this Chapter, other than a dispute contemplated in section 26(8) or 39, may refer the dispute in writing to the Commission. |
[Section 26(8) provides that a dispute exists if no collective agreement is concluded or reached on the number of full-time health and safety representatives.]
| (2) | The party who refers a dispute to the Commission must satisfy it that a copy of the referral has been served on all the other parties to the dispute. |
| (3) | The Commission must attempt to resolve the dispute through conciliation. |
| (4) | If the dispute remains unresolved, any party to the dispute may request that the dispute be resolved through arbitration as soon as possible, |
| (5) | The provisions relating to arbitration in the Labour Relations Act, read with changes required by the context, apply to an arbitration referred to in sections 26(11) and 39 and subsection (4). |
[See sections 133 - 146 of the Labour Relations Act.]