1) If a dispute has been referred to the CCMA by a party in terms of Chapter II and the issue to which the dispute relates also forms the subject of a referral to the Labour Court by the Director-General in terms of section 45, the CCMA proceedings must be stayed until the Labour Court makes a decision on the referral by the Director-General.

2) If a dispute has been referred to the CCMA by a party in terms of Chapter II against an employer being reviewed by the Director-General in terms of section 43, there may not be conciliation or adjudication in respect of the dispute until the review has been completed and the employer has been informed of the outcome.

Disputes concerning contraventions of this Act by the same employer may be consolidated.

A commissioner of the CCMA may, in any arbitration proceedings in terms of this Act, make any appropriate arbitration award that gives effect to a provision of this Act.

The Labour Court has exclusive jurisdiction to determine any dispute about the interpretation or application of this Act, except where this Act provides otherwise.

1) Except where this Act provides otherwise, the Labour Court may make any appropriate order including-

1. on application by the Director-General in terms of section 37(6) or 39(6) making a compliance order an order of the Labour Court;
2. subject to the provisions of this Act, condoning the late filing of any document with, or the late referral of any dispute to, the Labour Court;
3. directing the CCMA to conduct an investigation to assist the Court and to submit a report to the Court;
4. awarding compensation in any circumstances contemplated in this Act;
5. awarding damages in any circumstances contemplated in this Act;
6. ordering compliance with any provision of this Act, including a request made by the Director-General in terms of section 43(2) or a recommendation made by the Director-General in terms of section 44(b);
7. imposing a fine in accordance with Schedule 1 for a contravention of certain provisions of this Act;
8. reviewing the performance or purported performance of any function provided-for in this Act or any act or omission of any person or body in terms of this Act on any grounds that are permissible in law;
9. in an appeal under section 40, confirming, varying or setting aside all or part of an order made by the Director-General in terms of section 39; and
10. dealing with any matter necessary or incidental to performing its functions in terms of this Act.

2) If the Labour Court decides that an employee has been unfairly discriminated against, the Court may make any appropriate order that is just and equitable in the circumstances, including-

1. payment of compensation by the employer to that employee;
2. payment of damages by the employer to that employee;
3. an order directing the employer to take steps to prevent the same unfair discrimination or a similar practice occurring in the future in respect of other employees;
4. an order directing an employer, other than a designated employer, to comply with Chapter III as if it were a designated employer;
5. an order directing the removal of the employer's name from the register referred to in section 41; and
6. the publication of the Court's order.

3) The Labour Court, in making any order, may take into account any delay on the part of the party who seeks relief in processing a dispute in terms of this Act.

4) If the Labour Court declares that the medical testing of an employee as contemplated in section 7 is justifiable, the court may make any order that it considers appropriate in the circumstances, including imposing conditions relating to-

1. the provision of counselling;
2. the maintenance of confidentiality;
3. the period during which the authorisation for any testing applies; and
4. the category or categories of jobs or employees in respect of which the authorisation for testing applies.