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

Notices

Bargaining Council for the Hairdressing and Cosmetology Services (Semi-National)

Main Collective Agreement

30. Exemptions (Appeals)

 

30.1 Subject to the provisions of the Act, the council may grant exemption from any provision of this Agreement in the manner and to the extent set out in clause 33 of the council"s constitution, which is set out in Annexure G, attached hereto for the sake of convenience.

 

30.2 There is hereby established that two (2) independent exemptions committees to grant exemptions/appeals to non-parties and to determine the terms of those exemptions from the provisions of the Collective Agreement as soon as possible. The members of the said bodies will be appointed by the council from time to time and shall consist of not less than two persons to be nominated from the following group:
30.2.1 any general secretary or secretary of any Bargaining Council other than the general secretary or secretary of this council;
30.2.2 any former general secretary, secretary or agent of any Bargaining Council or Industrial Council;
30.2.3 any person who has formerly served on any Industrial or Bargaining Council and who no longer serves thereon;
30.2.4 any serving member of any Bargaining Council other than this council;
30.2.5 any person who has served as a judge or acting judge of the Labour Court;
30.2.6 any person admitted to practise as an attorney or advocate, whether or not that person is actually in practice, except any such person who serves on or is employed by or on behalf of this council;
30.2.7 any person who by reason of his experience or training is thought by the council to be a fit and proper person, except any person who serves on or is employed by or on behalf of this council.

 

30.3 In cases of urgency the secretary of the council may give 24 hours" notice by telephone to the persons nominated, specifying the grounds of urgency. In such cases the members of the independent exemptions committee may make a decision telephonically.

 

30.4 The criteria to be applied by the independent exemptions committee when it considers applications for exemption shall be those contained in clause 33.5 of the council"s constitution, which are for the sake of convenience set out in Annexure G hereto.

 

30.5 When it grants an exemption, the council under 30.1, or the independent exemptions committee, under 30.2, shall specify—
30.5.1 any conditions subject to which the exemption is granted;
30.5.2 the period during which the exemption is to operate;
30.5.3 the circumstances, if any, in which it may be withdrawn.

 

30.6 The council may withdraw any exemption granted by it in the circumstances permitted by clause 30.5 on notice of one week to the person in whose favour it operates. The independent exemptions committee may authorise the council to withdraw any exemption granted by the independent exemptions committee in the circumstances referred to in clause 30.5 on such notice to the person in whose favour the exemption operates as to the independent exemptions committee seems reasonable.

 

30.7 The secretary shall issue to every person granted/not granted an exemption by the council or the independent exemptions committee, as the case may be, a letter of exemption signed by him setting out—
30.7.1 the full name of the person(s) covered by the exemption;
30.7.2 the provisions of the Agreement from which exemptions are granted/not granted;
30.7.3 the conditions subject to which the exemption is granted/not granted;
30.7.4 the period during which the exemption is to operate;
30.7.5 the circumstances in which it may be withdrawn, if any.

 

30.8 The secretary of the council shall retain a copy of each letter of exemption, and must give notice of it to every person affected thereby.

 

30.9 The same process to be followed with an appeal process as in clause 30.1 to 30.8.