Conciliation under the labour act 2007 key

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Conciliation under the Labour Act, 2007: Key Characteristics: In order to discuss these characteristics, consider section 82 of the Labour Act, 2007 and the Rules relating to the Conduct of Conciliation and Arbitration before the Labour Commissioner promulgated in the Government Notice 262 of 2008 (GG 4151). These rules came into force on 1 November 2008. (a) Any party to a dispute of interest may refer the dispute to the Labour Commissioner for concliation by delivering a completed Form LC 21 in terms of Rule 11 of the rules relating to the conduct of conciliation and arbitration proceedings before the Labour Commissioner. (b) This form must be signed by that party and served to the other party so that he or she will be aware of the proceedings against him or her ( Rule 11(2)(b)). (c) A dispute that is referred for concliation must be resolved within or 30 days or any longer period that is agreed in writing by the parties to the dispute. ( Section 82(10)(b))).
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5 (d) The conciliator is empowered to summon any person to attend the conciliation hearing that person’s attendance will assist in the resolution of the dispute and to administer an oath or accept an affirmation from any individual called to give evidence; and finally to question any individual about any matter relevant to the dispute (Section 82(18)) . (e) Conciliation proceedings are are private and confidential and are conducted on a “without prejudice” basis and no person may refer to anything said at conciliation proceedings during any subsequent proceedings, unless the parties agree in writing. Advantages of Conciliation: (a) Consider the difference between conciliation and arbitration in that in the former process, parties mutually agree on the outcome of the dispute. In the latter process, somebody else decides the outcome for the parties and there will always be an aggrieved party. (b) This process may restore or repair the employment relationship between the parties: (i) Conciliation is not binding i.e. has no legal standing; (ii) The conciliator makes no award. [these may also be disadvantages]. Disadvantages of Conciliation: (a) The exclusion of legal representatives in terms of sections 82(12) of the Labour Act, 2007. (List and discuss other disadvantages). [this may also be an advantages].
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  • Fall '19
  • Trade union, Labour Court, conciliation

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