Pages

Regulation Gazette No. 44058, 08 January 2021, Vol 667 No. 11222, Page 54

20210108 - Regulation Gazette No 44058 of 08-January-2021, Volume 667 No 11222, page 54

Page	54 of 84
Gazette	Regulation Gazettes, No 44058, from 08 January, 2021
Department	Labour
Notice	Page No. 41 of 66, Notice No. 5, Labour Relations Act, 1995 » Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades » Extension to non-parties of the Main Collective Agreement

54    No. 44058              GOVERNMENT GAZETTE, 8 JANUARY 2021

(5)   An inquiry by an arbitrator for parties to the Council shall  not require payment of the prescribed
                      fee provided the inquiry takes place at the premise of the Council. Should  the inquiry take place
                     at the premises of the Employer. the Employer shall hear the costs of the Arbitrator.
               (6)   In any inquiry in terms (Willis clause a party to the dispute  may appear in person or be represented
                     only by -
                     (a)    a co  employee:
                     (h)    a director or employee. if the party is a juristic person:
                     (e)    an office bearer or official of that party's registered trade union or registered employer's
                            organ i sat ion: or
                     (d)    a legal practitioner on agreement between the parties il' permitted by the arbitrator in
                            accordance with the rules regulating representation at  an arbitration before the Council.
               (7)   Section 138 of the I.RA read with the changes required by the  context. applies to any arbitration in
                     terms of this clause.
               (8)   An arbitration appointed in terms of this clause has all the  powers conferred on a commissioner by
                     section 142 (1) (alto (e) (2 ) and (7) to (9) of the LRA read w illy the changes required by the context.
                     and any reference in that section to the director for the  purpose of this clause. must he read as a
                     refcnce to: -
                     (a)    the Secretary of the ( ouncil. tithe inquire is held under the auspices of the Council:
                     ( h)
                            the Director of the accredited agency. if the inquiry is held under the auspices of an
                            accredited agency.
              (9)    The ruling of the arbitrator in an inquiry has the  saute status as an arbitration award and the
                     provisions of section I-13 to 146 of the I.12A apply w ith the changes required by the context to any
                     ruling made by an arbitrator in terms of this clause.
              (I0)   An arbitrator conducting any inquiry in terms of this clause  must. in the light of the evidence
                     presented and h. reference to the criteria of fairness in the I.RA rule as tow hat action. if any. may
                     be taken against the employee.
              (I I)  The Council may only appoint an arbitrator to conduct  au inquiry in ternis of this clause in respect
                     of which the employer or the employee is not  a party to the Council. if the Council has been
                     accredited for arbitration by the Commission and with the consent of the employee.
                     (a)    An employee may only consent to an inquire in terms of sub clause ( 10) after the employee
                           has been advised of the allegation referred to in sub clause (1).
                     (h)   The request must he in the Council's prescribed form.
                     (e)   The Council must appoint an arbitrator on receipt of
                           ())    Payment by the employer of the prescribed arbitration fee:
                           (ii)   The employee's written consent to the inquiry:
                           (iii)  a copy of the notice advising the employee of the allegations referred in sub clause
                           tII.
              (12)   I he holding o¡an inquiry I,. au arbitrator in ternis of this clause  and the suspension of an employee
                     on lull pay pending the outcome Of such an inquiry do
                                                                  not constitute an occupational detriment. as
                     contemplated in the Protected Disclosures Act. 200 (Act No. 26 of 2000).

32. INDEPENDENT 1'l'I :AL BOARD
              (I )  The Council in terms of section 32 (Witte I.ahour Relations  Act. 66 of' 1995. hereby establishes an
                     Independent Appeal Board to hear and decide.  as soon as possible any appeal brought against -
                    (a)    the Council's refusal of a party's application for exemption  from the provisions of this
                           agreement.
                    (b)    the withdrawal of such an exemption by the Council.
              (2)   The Independent Appeal Board will comprise of three persons appointed by the  Executive
                    Committee w ith two persons forming a quorum.
              (3)   The appellant must set out the grounds of appeal in full. traversing  both the disputes of fact and
                    questions of law.

< page 53	View full Gazette No. 44058	page 55 >

Type your email for free alerts on latest Department of Employment and Labour notices as they are published

greengazette

Pages

Links

Publications