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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI : Renewal of Period of Operation of the Conditions of Employment Collective Agreement

Chapter 4 : Regulations for Contract of Employment

4.7. Temporary employment, limited duration contract of employment ("LDC") and part-time employment

4.7D General provisions applicable to clauses 4.7A to 4.7C

Purchase

4.7.1(D)

Any dispute arising from the interpretation or application of clauses 4.7A, 4.7B and 4.7C may be referred to the Council for conciliation and, if not resolved, to arbitration.

4.7.2(D)

For the purposes of clauses 4.7.5(A), 4.7.8(B) and 4.7.3(C)(a), a justifiable reason includes that the different treatment is a result of the application of a system that takes into account—

(a)	seniority, experience or length of service;

(b)

merit;

(c)	the quality or quantity of work performed; or

(d)	any other criteria of a similar nature, and such reason is not prohibited by section 6(1) of the Employment Equity Act, 1998 (Act No. 55 of 1998).

4.7.3(D)

A party to a dispute contemplated in sub-clause 4.7.1(D), other than a dispute about a dismissal in terms of clause 4.7.4(A), may refer the dispute, in writing, to the Council, within six months after the act or omission concerned.

4.7.4(D)

The party that refers a dispute must satisfy the Council that a copy of the referral has been served on every party to the dispute.

4.7.5(D)

If the dispute remains unresolved after conciliation, a party to the dispute may refer it to the Council for arbitration within 90 days.

4.7.6(D)

The Council may at any time,permit a party that shows good cause to,refer a dispute after the relevant time limit set out in sub-clauses 4.7.3(D) or 4.7.5(D).