Pages

Regulation Gazette No. 44058, 08 January 2021, Vol 667 No. 11222, Page 55

20210108 - Regulation Gazette No 44058 of 08-January-2021, Volume 667 No 11222, page 55

Page	55 of 84
Gazette	Regulation Gazettes, No 44058, from 08 January, 2021
Department	Labour
Notice	Page No. 42 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

STAATSKOERANT, 8 JANUARIE 2021                       No. 44058    55

(4)    The Council may elect to oppose the appeal in which  e% cat it must file opposing paper..
              (5)     Oral arguments ma. be permitted h. the Independent Appeal Hoard.
              (6)    The Council nias be represented by an official while the other  parte may be represented by its
                     Director. member or employee or an official from a registered trade union or registered employers'
                     organisation.

33. CODE OF CONDUCT OF COMMISSIONERS

1.    The purpose of this code is to:
                     Assist in maintaining the good repute of the
               I . I                                      process regarding disputes and in particular the office
                     of the Council.
               1.2   Provide ,guidance to all commissioners on matters of professional  conduct and practice generally.
              2.     GENERAL. ATTRIBUTES OF COMMISSIONER(S)
              2.     In order for all dispute processes to be seen to he fair. just and  gain confidence of the public.
                     Commissioner` shall:
              1.1
                     Act with honest}. impartiality_ due diligence and independent of  any outside pressure in the
                     discharge of their Bargaining functions:
              2.2    Conduct themselves in a manner that is fair to all parties and shall not he swayed by fear of criticism
                     or by self-interest:
              2.3    Not solicit appointment tOr themselves. This shall not howe.er  preclude commissioners from
                     indicating a willingness to serve in any capacity;
              2.4    Accept appointment only if they believe that they  are available to conduct the process promptly
                     and are coniperent to undertake the assignment:
              2.5    Avoid entering into any financial. business  or social relationship .vhich is likely to affect their
                     impartially or which might reasonably create a perception or partiality or bias:
              2.6    Not influence Council officials or employees b_.  improper means. including gifts or other
                     inducements.
              .3.   CONFLICT OF INTEREST ANI) UISCLOSI RE
              3.1   C'onunissioncrs should disclose any interest or relationship that is likely to affect their impartiality
                    or which might create a perception of partiality.  I he duty to disclose rests on the Commissioner.
              3.1   Commissioners appointed to intervene in any matter should before accepting disclose:
                    (a)    any direct or indirect financial or personal interest in the matter:
                    (b)    any e'.kting or part financial. business. professional. family or social relationship which is
                           likely to: affect impartiality or may lead to a reasonable perception Of partiality or bias:
                    (c)    if the circumstances requiring disclosure are unknown to commissioners prior to accepting
                           appointments. disclosure must he made when such circumstances become known to the
                           Commissioners. The disclosure in this regard could in arbitration proceedings.  include
                           witnesses who may have a relationship with the C'ommusioner:
                    (d)    after appropriate disclosure Commissioners may serve if both parties so desire but should
                           withdraw i they believe that a conflict of interest exists irrespective of the view expressed
                           by the pall ics:
                    (e)    in the event where there is no consensus on whither Commissioners should  withdraw or
                           riot. Commissioners should not withdraw-if the following circumstances exist:
                           (i)   if the terms of reference pro%ide for a procedure to he followed Ihr determining
                                 challenges to the Commissioners then those procedures should be followed:
                           (ii)
                                 if Commissioners after carefully considering the matter. determine that the reason
                                 for the challenge is not substantial and that they can nevertheless act impartially
                                 and fairly. and that thew ithdrrwal would cause unfair delay or would be contrary
                                 to the ends of justice.

< page 54	View full Gazette No. 44058	page 56 >

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

greengazette

Pages

Links

Publications