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

Notices

South African Road Passenger Bargaining Council

Extension to Non-Parties of the Main Collective Agreement

Annexures

Annexure B : Dispute Resolution

4. Referral of Disputes

 

4.1 Parties to SARPBAC, as also Parties who fall within the registered scope SARPBAC, may refer a dispute to SARPBAC should the dispute not be resolved at plant level and a Party to the dispute wish to take the matter further.

 

4.2 Disputes shall only be referred to SARPBAC after Parties to the dispute have complied with and exhausted all plant level dispute resolution procedures and failed to resolve the dispute.

 

4.3 A Party may refer a dispute to SARPBAC if:—
4.3.1 there is no plant level Collective Agreement or if the plant level Collective Agreement does not provide dispute procedures
4.3.2 the procedure provided for in the plant level Agreement is inoperative
4.3.3 a Party to the dispute has frustrated the resolution of the dispute in terms of the plant level procedures

 

4.4 A Party wishing to refer a dispute to SARPBAC for conciliation, Conciliation/Arbitration and/or arbitration must do so in writing, by completing SARPBAC's referral form setting out the details of the dispute and lodging the referral form, duly signed, together with all other required documentation with SARPBAC within the allowed time frame.

 

4.5 The referring Party must, when lodging a dispute with SARPBAC, attach documented proof that a copy of the referral form has been served on  all  other  Parties to  the dispute.

 

4.6 SARPBAC shall, on receipt of a referral and having satisfied itself as to the compliance of the referral with agreed procedures and time frames, appoint a Commissioner from the panel to conciliate, conciliate/arbitrate or arbitrate the dispute, as the case may be, and arrange the venue, date and time for the matter to be heard.

 

4.7 Disputes, including dismissal disputes, must be lodged with SARPBAC within thirty (30) days of the date on which the Act giving rise to the dispute occurred or, if at a later date, within thirty (30) days of all the plant level, internal dispute resolution procedures have been complied with and exhausted.

 

4.8 Unfair labour practice disputes must be lodged with SARPBAC within ninety (90) Days of the date that the alleged unfair labour practice occurred.

 

4.9 SARPBAC shall refuse to accept a late referral unless, and until, an application for Condonation has been lodged with SARPBAC in terms of Clause 6 of this appendix.