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Employment Equity Act, 1998 (Act No. 55 of 1998)

Schedule 3 : Transitional arrangements

 

(1) Definitions

 

In this Schedule, unless the context indicates otherwise—

 

"pending"

means existing immediately before this Act came into operation; and

 

"repealed provisions of the Labour Relations Act"

means the provisions of the Labour Relations Act repealed by Schedule 2.

 

(2) Disputes arising before commencement of this Act

 

Any dispute contemplated in item (2)(1)(a) of Schedule 7 of the Labour Relations Act that arose before the commencement of this Act, must be dealt with as if the repealed provisions of the Labour Relations Act had not been repealed.

 

(3) Courts

 

(1) In any pending dispute contemplated in item (2)(1)(a) of Schedule 7 of the Labour Relations Act in respect of which the Labour Court or the Labour Appeal Court had jurisdiction and in respect of which proceedings had not been instituted before the commencement of this Act, proceedings must be instituted in the Labour Court or Labour Appeal Court (as the case may be) and dealt with as if the repealed provisions of the Labour Relations Act had not been repealed.

 

(2) Any dispute contemplated in item (2)(1)(a) of Schedule 7 of the Labour Relations Act in respect of which proceedings were pending in the Labour Court or Labour Appeal Court must be proceeded with as if the repealed provisions of the Labour Relations Act had not been repealed.

 

(3) Any pending appeal before the Labour Appeal Court must be dealt with by the Labour Appeal Court as if the repealed provisions of the Labour Relations Act had not been repealed.

 

(4) When acting in terms of sub-items (1) to (3), the Labour Court or Labour Appeal Court may perform or exercise any function or power that it had in terms of the repealed provisions of the Labour Relations Act.