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Section 64: Reporting of labour disputes

Employment Relations Act · PART VI: LABOUR DISPUTES AND DISPUTE SETTLEMENT PROCEDURES

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

64. Reporting of labour disputes (1) Subject to section 63 and subsections (2) and (3), any labour dispute, whether existing or apprehended, may be reported to the President of the Commission— (a) by any party to the dispute; or (b) by a recognised trade union on behalf of any party to the dispute. (2) No dispute referred to in subsection (1) shall be reported except after meaningful negotiations have taken place between the parties and a stage of deadlock has been reached. (3) The period of negotiations shall not exceed 90 days from the start of negotiations or such longer period as may be agreed in writing between the parties. (4) During the period when negotiations are being held between parties as specified in subsections (2) and (3), any party may seek the assistance of the conciliation service provided by the supervising officer under section 68 with a view to conciliating the parties. (5) Any request for assistance under subsection (4) shall be made not later than 20 days before the expiry of the period of 90 days or such longer period as may be agreed between the parties as specified in subsection (3). (6) Every report of a labour dispute shall be made in such form as the Commission may approve. (7) Where a labour dispute is reported to the Commission, a copy of the report of the dispute shall be served by or on behalf of the party making the report upon every other party to the dispute. [S. 64 amended by s. 20 of Act 5 of 2013 w.e.f. 11 June 2013.]

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