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

Codes of Good Practice

Collective Bargaining, Industrial Action and Picketing

Part B : Collective Bargaining

12. Use of facilitators

 

(1) Parties to collective bargaining should consider the appointment of a facilitator/s by mutual agreement to facilitate negotiations by—
(a) including the appointment and use of facilitators in negotiation procedures contained in bargaining council constitutions and recognition agreements;
(b) considering the appointment and use of a facilitator in the preparation for negotiations; and
(c) raising the appointment and use of a facilitator with the other party before negotiations commence .

 

(2) Although it is advisable for parties to a course of negotiations to appoint a facilitator from the beginning of the negotiations, negotiators should be free to raise the appointment of a facilitator at any time during the course of negotiations if it could assist the successful conclusion of the negotiations, particularly in order to break a deadlock.

 

(3) Facilitators should be appointed to continue facilitation even after a dispute is declared and particularly if one or both the parties to the negotiations engage in industrial action.

 

(4) Trade unions, employers and employers' organisations that engage in collective bargaining on a regular basis should consider the appointment of a facilitator or a panel of facilitators to facilitate their negotiations and their relationship from one course of negotiations to the next