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

Notices

National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry

Extension to Non-parties of the Consolidated Collective Agreement in terms of Sec 32(2) of the LRA

Terms and Conditions that will apply Nationally

13. Procedure for Disputes, including Pre-dismissal Arbitration

 

13.1 Subject to section 127, read with section 188A of the Labour Relations Act, 1995:
13.1.1 a dispute which may arise in the Industry and which, in terms of the Labour Relations Act, 1995, must be referred to a Council, as defined in the Act, or
13.1.2 a dispute involving the interpretation or application of this Collective Agreement, or any other Collective Agreement concluded in the Council; must be dealt with in terms of the procedure set out in clauses 14 to 29, inclusive, of the Council's Constitution.

 

13.2 The provisions of clause 13 of this Agreement apply to all persons upon whom this Agreement is binding in terms of sections 31 and 32 of the Labour Relations Act, 1995.

 

13.3 If an Employee institutes proceedings an Arbitrator may, at the hearing of the matter, in addition, determine any claim for an amount that is owing to that Employee in terms of this Agreement if:—
13.3.1 the claim is referred in compliance with section 191 of the Labour Relations Act, 1995;
13.3.2 no compliance order has been issued and no other legal proceedings have been instituted to recover the amount.

 

13.4 A dispute concerning any amount that is owing to an Employee as a result of a contravention of this Agreement may be initiated jointly with a dispute initiated by the Employee over entitlement to severance pay in terms of this Agreement.

 

13.5 If there is a dispute of non-compliance arising out of this Agreement, the Council may refer this dispute to Arbitration by an Arbitrator appointed by the Council.

 

13.6 The Arbitrator so appointed will have the powers of a commissioner in terms of section 142 of the Labour Relations Act, 1995.

 

13.7 Section 138 of the Labour Relations Act, 1995, read with the changes required by the context, applies to any Arbitration conducted in terms of clause 13.5 above.

 

13.8 An Arbitrator conducting Arbitration in terms of clause 13.7 may make an appropriate award including:—
13.8.1 ordering a person to pay any amount owing in terms of this Agreement;
13.8.2 imposing a fine for failure to comply with this Agreement in accordance with section 33A(13) of the Labour Relations Act, 1995;
13.8.3 charging a party an Arbitration fee not exceeding R1,500.00;
13.8.4 ordering a party to the dispute to pay the costs of the Arbitration;
13.8.5 confirming, varying or setting aside a compliance order issued by a designated agent;
13.8.6 any award contemplated in terms of section 138(10) of the Labour Relations Act, 1995.