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

Notices

Bargaining Council for the Restaurant, Catering and Allied Trades

Extension to Non-parties of the Main Collective Agreement

28AA. Disputes about the Interpretation or Application of the Collective Agreement

 

Any dispute about the interpretation or application of this Agreement shall be referred to the Council and shall be resolved as follows:—

 

The Council shall attempt to resolve the dispute through conciliation using a suitably qualified conciliator. Within fourteen (14) days of such conciliation, the Council shall convey the outcome of such conciliation to the disputants, or state that the dispute remains unresolved

 

(1) If the Council fails to resolve the dispute or if any party is aggrieved by the outcome of the conciliation referred to in paragraph (1), it may within fourteen (14) days of the decision request Council that the dispute be referred to arbitration

 

(2) Should the dispute be referred to arbitration, the Council shall refer the dispute to the CCMA for the purpose of such arbitration. The arbitrator shall have the power to decide upon the procedure to be followed at the arbitration hearing, in terms of section 138 of the Act. The arbitrator's decision shall be final and binding.