Section 69: Conciliation and mediation

69. Conciliation and mediation (1) Where a labour dispute is reported to the President of the Commission under section 64 and the report – (a) has not been rejected; or (b) has been rejected and the rejection has been revoked on an appeal to the Tribunal under section 66, the Commission may, with a view to promoting a settlement of the dispute – (i) make proposals to the parties for the settlement of the dispute; (ii) conciliate the parties; (iii) mediate and make written recommendations to the parties; or (iv) make such investigation as it may, in the circumstances, deem appropriate. (2) The Commission shall not entertain a dispute unless the conditions specified in section 64(2) are fulfilled. Acts 2019 817 (3) The recommendations made under subsection (1) shall not be binding on the parties to the labour dispute unless the parties agree in writing – (a) to confer upon the President of the Commission the power to make such recommendations as the President of the Commission may determine; (b) on the date on which the recommendations of the President of the Commission shall become final; and (c) to comply with the recommendations. (4) Where the parties do not agree to confer upon the Commission the power to make recommendations under subsection (3) – (a) the Commission may continue to investigate and conciliate the parties with a view to resolving the dispute; and (b) where the labour dispute still remains unresolved, the Commission may, at the request of any of the parties, further investigate into the matter with a view to reaching a settlement. (5) (a) Where a settlement is reached between the parties following conciliation or mediation under subsection (4)(a), an agreement shall be drawn up in writing, signed by the parties and registered with the supervising officer and the Tribunal. (b) The agreement referred to in paragraph (a) shall have the effect of a collective agreement as specified in sections 55 and 56. (6) The Commission shall complete its proceedings not later than 45 days after the date of receipt of the labour dispute under section 64. (7) The Commission may, at the request of the parties to the labour dispute, extend the period specified in subsection (6), where the circumstances so require. 818 Acts 2019 (8) Where no agreement is reached and the parties have reached a deadlock after the delay specified in subsection (6) or (7), as the case may be, the Commission may, where it deems fit, within a period not exceeding15 days, explore other avenues of settlement. (9) Where no agreement is reached under subsection (8), the Commission shall declare that a deadlock has been reached and the Commission shall – (a) not later than 7 days after the date of the deadlock submit a report to that effect to the parties; and (b) unless the parties jointly refer the dispute for voluntary arbitration under section 63, refer the labour dispute to the Tribunal at the request of the party reporting the dispute. (10) The request made by a party to refer a labour dispute to the Tribunal shall be made in such manner as the Commission may approve. (11) Notwithstanding subsection (9) – (a) where no agreement is reached in a labour dispute, other than a labour dispute reported by or on behalf of an individual worker; and (b) the parties to the labour dispute do not opt for voluntary arbitration under section 63 or the party reporting the dispute does not make a request to the Commission to refer the dispute to the Tribunal, the party reporting efer a labour dispute to the Tribunal shall be made in such manner as the Commission may approve. (11) Notwithstanding subsection (9) – (a) where no agreement is reached in a labour dispute, other than a labour dispute reported by or on behalf of an individual worker; and (b) the parties to the labour dispute do not opt for voluntary arbitration under section 63 or the party reporting the dispute does not make a request to the Commission to refer the dispute to the Tribunal, the party reporting the dispute may, within 45 days of the submission of the report by the Commission have, subject to sections 76 to 82, recourse to strike. (12) In the discharge of its functions under this section, the Commission shall – (a) in the first instance, consider the likelihood of the dispute being settled by conciliation between the parties; Acts 2019 819 (b) encourage the parties to use any appropriate procedures for negotiation; (c) endeavour to promote good industrial relations.