South African Council for Educators Act, 2000
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Furniture Manufacturing IndustrySouth Western DistrictsMain Collective AgreementPart lllAnnexure F : Conciliation and Arbitration Guidelines8. Representation at conciliation proceedings |
| (a) | Section 135(4) explicitly states who may appear or be a representative in conciliation proceedings. A Conciliator does not have discretion to allow a person not listed in subsection (4) to appear or act as a representative. |
In the conciliation proceedings a party to the dispute may appear in person or be represented only by—
| (i) | a director or Employee of that party; or |
| (ii) | any member, office bearer or official of that party's registered Trade Union or registered Employer's organisation. |
| (b) | If a party objects to a representative or the Conciliator is of the opinion that a representative is not authorised in terms of section 135(4), the Conciliator must decide whether that representative may attend. |
| (c) | A dispute about the status and entitlement of a representative is a factual dispute. The Conciliator may call upon any person to demonstrate why he or she should be admitted as a representative in terms of section 135(4) of the Act. The Conciliator may request documentation, such as the constitution, pay-slips, the contract of employment, the prescribed form listing the directors of a company and recognition agreements. Representatives must be prepared to tender evidence in support of their status. |
