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; |
(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). |