Chapter II Prohibition of Unfair Discrimination
10. Disputes concerning this Chapter

 

 

1)       In this section, the word "dispute" excludes a dispute about an unfair dismissal, which must be referred to the appropriate body for conciliation and arbitration or adjudication in terms of Chapter VIII of the Labour Relations Act.

 

2)       Any party to a dispute concerning this Chapter may refer the dispute in writing to the CCMA within six months after the act or omission that allegedly constitutes unfair discrimination.

 

3)       The CCMA may at any time permit a party that shows good cause to refer a dispute after the relevant time limit set out in subsection (2).

 

4)       The party that refers a dispute must satisfy the CCMA that-

a)       a copy of the referral has been served on every other party to the dispute; and

b)       the referring party has made a reasonable attempt to resolve the dispute.

 

5)       The CCMA must attempt to resolve the dispute through conciliation.

 

6)       If the dispute remains unresolved after conciliation--

a)       any party to the dispute may refer it to the Labour Court for adjudication; or

b)       all the parties to the dispute may consent to arbitration of the dispute.

 

7)       The relevant provisions of Parts C and D of Chapter VII of the Labour Relations Act, with the changes required by context, apply in respect of a dispute in terms of this