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Skills Development Act, 1998 (Act No. 97 of 1998)

Constitutions

Constitution of the Tourism, Hospitality and Sport Training Authority (THETA)

Chapter 11 : Dispute Procedure

41. to 46. Dispute

 

41. Any party to a dispute about the interpretation or application of this constitution may refer the dispute in writing to the Chief Executive Officer. The Chief Executive Officer shall serve copies of such referral on each of the Members of THETA.

 

42. The Executive Committee must try to resolve the dispute through conciliation within 21 days after the date on which the Chief Executive Officer received the referral. If it is unable to do so within this period, the Executive Committee shall decide the dispute.

 

43. A party who does not accept the decision of the Executive Committee may refer the dispute to arbitration to a person mutually agreed upon. Such referral must take place within 14 days after the decision of the Executive Committee. If the parties do not, within 14 days, agree upon an arbitrator, the arbitrator shall be a person appointed by the Executive Committee. The arbitration must commence within 28 days after the appointment of the arbitrator.

 

44. The arbitrator so appointed may conduct the arbitration in a manner that he or she considers appropriate in order to determine the dispute fairly and quickly, but must deal with the substantial merits of the dispute with the minimum of legal formalities. Within 14 days after the conclusion of the arbitration proceedings, the arbitrator must issue an award and must give reasons.

 

45. The arbitrator may only include an order for costs if a party to the proceedings has acted in a frivolous or vexatious manner or had no reasonable prospects of succeeding :
45.1 by proceeding with or defending the dispute in the arbitration proceedings; and
45.2 in its conduct during the arbitration proceedings.

 

Unless such an order is made, the costs of the arbitration, excluding the costs incurred by any of the parties to the dispute, shall be borne by THETA.

 

46. The decision of the arbitrator shall be final and binding on the parties.