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

Notices

National Bargaining Council for the Wood and Paper Sector

Extension of Collective Agreement on Conditions of Service : Pulp and Paper Sector to Non-parties

Annexure A : Conciliation and Arbitration Guidelines

8. Representation at conciliation proceedings

 

8.1. A party to a dispute may be represented only:—
(a) by a co- Employee; or
(b) by a member, an office bearer or official of that party's trade union or Employers' organisation; and
(c) if the party is a juristic person, by a director or an Employee.

If a party objects to a representative or the Conciliator is of the opinion that a representative is not authorised, the Conciliator must decide whether that representative may attend.

A dispute about the status and entitlement of a representative is a factual dispute. The Conciliator may call upon any person to demonstrate why he or she should be admitted as a representative. The Conciliator may request documentation, such as the constitution, pay-slips, the contract of employment, the prescribed form listing the directors of a company, recognition agreements. Representatives must be prepared to tender evidence in support of their status.