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

Constitutions

Constitution of the Safety and Security Sector Education and Training Authority (SASSETA)

Chapter Eight : General

45. Dispute resolution

 

45.1 Any party to a dispute concerning the interpretation or application of this Constitution may refer the dispute to the Chief Executive Officer.

 

45.2 The referral must:
45.2.1 be in writing;
45.2.2 adequately describe the dispute; and
45.2.3 be delivered to every other party to the dispute by the party referring the dispute.

 

45.3 The Chief Executive Officer must, as soon as reasonably practicable, refer the dispute to the Board, which must endeavour to resolve the dispute by conciliation within thirty days of referral of the dispute.

 

45.4 If the Board fails to resolve the dispute within thirty days of its referral, then any party to the dispute may refer it to the Arbitration Foundation of Southern Africa for arbitration by an arbitrator.

 

45.5 The arbitrator must be agreed to by the parties to the dispute with the approval of the chairperson or, failing such agreement or approval, by an arbitrator appointed by the chairperson.

 

45.6 The arbitrator must first attempt to conciliate the dispute. If conciliation is not possible, then the arbitrator must arbitrate the dispute.

 

45.7 The arbitrator must 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 formality.

 

45.8 Within fourteen days of conclusion of the arbitration proceedings:
45.8.1 the arbitrator must issue a signed arbitration award with reasons; and
45.8.2 Chief Executive Officer must provide a copy of the award to every party to the dispute.

 

45.9 The arbitration award is final and binding on the parties to the dispute.

 

45.10 The costs of the arbitration must be borne equally by the parties to the dispute. The arbitrator may however make a different and appropriate award of costs if:
45.10.1 a party to the dispute, without reasonable cause, refuses or fails to attend the arbitration or unduly delays arbitration proceedings; or
45.10.2 the arbitrator is of the view that a party pursuing or resisting the dispute did so vexatiously or frivolously or had no reasonable prospect of succeeding.

 

45.11 An arbitrator may, at his or her own initiative or as a result of an application by an affected party, vary or rescind an award:
45.11.1 erroneously sought or made in the absence of any party affected by the award;
45.11.2 in which there is ambiguity, or any obvious error or omission, but only to the extent of the ambiguity, error or omission; or
45.11.3 as a result of a mistake common to the parties to the proceedings.