| (1) |
Until such time as rules made by the Commission in terms of section 115(2A)(k) of the Act come into force— |
| (a) |
sections 135(4), 138(4) and 140(1) of the Act remain in force as if they had not been repealed, and any reference in this item to those sections is a reference to those sections prior to amendment by this Amendment Act; |
| (b) |
a bargaining council may be represented in arbitration proceedings in terms of section 33A of the Act by a person specified in section 138(4) of the Act or by a designated agent or an official of the council; |
| (c) |
the right of any party to be represented in proceedings in terms of section 191 of the Act must be determined by— |
| (i) |
section 138(4) read with section 140(1) of the Act for disputes about a dismissal; and |
| (ii) |
section 138(4) of the Act for disputes about an unfair labour practice. |
[Item 27(1) of Part H to Schedule 7 substituted by section 44 of Act No. 6 of 2014]
| (2) |
Despite subitem 1(a), section 138(4) of the Act does not apply to an arbitration conducted in terms of section 188A of the Act. |
South African Council for Educators Act, 2000
