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Continuing Education and Training Act, 2006 (Act No. 16 of 2006)

Chapter 4 : Appointment of Management Staff, Lecturers and Support Staff in Public Colleges

21. Dispute resolution between college, lecturers and support staff

 

 

(1) If a dispute arises about the payment or employment conditions of a lecturer or a member of the support staff, any party to the dispute may refer the dispute in writing to—
(a) a bargaining council established in terms of the Labour Relations Act, if the employer or employee parties to the dispute fall within the registered scope of a bargaining council; or
(b) the Commission for Conciliation, Mediation and Arbitration established by section 12 of the Labour Relations Act, if no bargaining council has jurisdiction.

[Subsection (1) amended by section 13 of the Further Education and Training Colleges Amendment Act No. 3 of 2012]

 

(2) The party referring the dispute must satisfy the bargaining council or the Commission for Conciliation, Mediation and Arbitration that a copy of the referral has been served on the other party.

 

(3) The bargaining council or the Commission for Conciliation, Mediation and Arbitration must attempt  to resolve the dispute through conciliation.

 

(4) If the bargaining council or the Commission for Conciliation, Mediation and Arbitration is satisfied that the dispute remains unresolved, a party may refer the dispute for adjudication to the Labour Court established in terms of section 151 of the Labour Relations Act.