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

Codes of Good Practice

Protest Action to Promote or Defend Socio-Economic Interests of Workers (Section 77 of the Act)

Part G: Facilitating Consideration

28. Facilitation rules

 

(1) The facilitator will chair the meetings between the parties.

 

(2) A facilitation  is conducted on a with prejudice basis unless the parties agree that the facilitation or a part of the facilitation will be conducted on a without prejudice basis.

 

(3) Despite item 27(1)(a) and subitem (2) the facilitator may, after consultation with the parties—
(a) decide on any issue of procedure that arises in the course of the meetings between the parties;
(b) direct  that  the  parties  to  engage  in consultations  without  the facilitator being present;
(c) direct that a party engages in a without prejudice meeting with the facilitator; and
(d) arrange further facilitation meetings.

 

(4) By agreement between the parties, the facilitator may perform any other function.

 

(5) The facilitator may not disclose information or a document that a party privately disclosed in confidence to the facilitator before, during or after the facilitation, to any other party or person without the consent of the party disclosing it, unless the facilitator is required by law to make the disclosure.

 

(6) The part of the facilitation conducted on a without prejudice basis may not be disclosed in any court proceedings.

 

(7) No person may require the facilitator to attend legal proceedings to give evidence about or to produce any records or notes relating to any part of the facilitation that was conducted on a without prejudice basis.

 

(8) Unless the parties agree otherwise, a facilitator must conduct at least four facilitation meetings within six weeks of the referral being delivered, unless—
(a) the dispute is settled in a lesser number of meetings; or
(b) the facilitator is of the view that there is no prospect of the matter being resolved.

 

(9) After consultation with the parties and the Executive Director, the facilitator may arrange additional meetings to consider the matter if—
(a) an  extension  of  time  is  necessary  to  ensure  a  meaningful conciliation process;
(b) the refusal to agree to the extension by a party is unreasonable; and
(c) there are reasonable prospects of reaching an agreement.

 

(10) A facilitation meeting must be reconvened within five working days, or within such further period which the referring and responding parties agree to if either representatives of the referring or responding parties do not attend a facilitation meeting.

 

(11) If the one or more of the responding parties fail to attend the subsequent meeting referred to in subitem (10), the facilitator must facilitate consideration of the matter unless it is agreed otherwise.