South African Council for Educators Act, 2000
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension of Main Amending Collective Agreement to Non-partiesChapter Eleven : Compliance and Monitoring of The Collective Agreement55. Arbitration Procedures to enforce Compliance with this Agreement |
(1) | If the Secretary to the Council decides to refer the matter for arbitration, he shall appoint an arbitrator to hear and determine the alleged breach of this Agreement. |
(2) | The Secretary, in consultation with all parties who may have a legal interest in the outcome of the arbitration, shall decide the date, time and venue of the arbitration hearing. |
(3) | The Secretary of the Council shall serve notice of the date, time and venue of the arbitration on all parties who may have a legal interest in the outcome of the arbitration, |
(4) | Any party who has a legal interest in the outcome of the arbitration shall have the right to— |
(a) | give evidence; |
(b) | call witnesses; |
(c) | question the witnesses of any other party; |
(d) | address the concluding arguments to the arbitrator; |
(e) | be represented by a legal practitioner or co-employee or an office-bearer or official of his trade union or employers' organisation and, if the party is a juristic person, by a director or employee thereof. |
(5) | Any award made by the arbitrator, together with any reasons, shall be served on all interested parties by the Council |
(6) | The Secretary of the Council may apply to retake the arbitration award an order of the Labour Court in terms of section 158 (1) of the Act. |
(7) | The provisions of this procedure shall stand in addition to any the legal remedy which the Council may apply to enforce a collective agreement. |