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Section 65: Rejection 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.

65. Rejection of labour disputes (1) The President of the Commission may reject a report of a labour dispute made under section 64 where he is of the opinion that— (a) the dispute is not a labour dispute or does not comply with section 67; (b) the report is made by or on behalf of a party who is not entitled to be a party to the labour dispute; E9A – 37 [Issue 5] Employment Relations Act (c) the report does not contain sufficient particulars of the issues giving rise to the labour dispute; (d) the party reporting the dispute has failed to comply with the dispute procedures specified in this Act or provided for in a procedure agreement; (e) — (f) the dispute relates to any issue within the exclusive jurisdiction of the Industrial Court. (2) Notwithstanding subsection (1), the President of the Commission may— (a) reject only that part of a dispute which is not a labour dispute; (b) in the case of a labour dispute which includes a party which is not entitled to be a party to the labour dispute, strike out the name of such party from the report of the dispute. (3) The President of the Commission shall give written notice of any rejection within 14 days of receipt of the report of the dispute to all the parties to the dispute. [S. 65 amended by s. 11 (b) of Act 14 of 2009 w.e.f. 1 July 2009; s. 21 of Act 5 of 2013 w.e.f. 11 June 2013.]

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