Chapter VII: Dispute Resolution
Part A: Commission for Conciliation, Mediation and Arbitration
115. Functions of Commission

 

 

  1. The Commission must-

    1. attempt to resolve, through conciliation, any dispute referred to it in terms of this Act;

    2. if a dispute that has been referred to it remains unresolved after conciliation, arbitrate the dispute if-

      1. this Act requires arbitration and any party to the dispute has requested that the dispute be resolved through arbitration; or

      2. all the parties to a dispute in respect of which the Labour Court has jurisdiction consent to arbitration under the auspices of the Commission;

    3. assist in the establishment of workplace forums in the manner contemplated in Chapter V; and

    4. compile and publish information and statistics about its activities.

  2. The Commission may-

    1. if asked, advise a party to a dispute about the procedure to follow in terms of this Act; (See section 148)

    2. if asked, assist a party to a dispute to obtain legal advice, assistance or representation; (See section 149)

    3. offer to resolve a dispute that has not been referred to the Commission through conciliation; (See section 150)

cA. make rules--

    1. to regulate, subject to Schedule 3, the proceedings at its meetings and at meetings of any committee of the Commission;

    2. regulating the practice and procedure of the essential services committee;

    3. regulating the practice and procedure--

      (aa) for any process to resolve a dispute through conciliation;
      (bb) at arbitration proceddings; and

    4. determining the amount of any fee that the Commission may charge under section 147, and regulating the payment of such a fee in detail;

    1. [deleted by Labour Relations Amendment Act, 1996, Act No 42 of 1996]

    2. [deleted by Labour Relations Amendment Act, 1996, Act No 42 of 1996]

    3. conduct, oversee or scrutinise any election or ballot of a registered trade union or registered employers' organisation if asked to do so by that trade union or employers' organization;

    4. publish guidelines in relation to any matter dealt with in this Act;

    5. conduct and publish research into matters relevant to its functions; and

    6. [deleted by Labour Relations Amendment Act, 1996, Act No 42 of 1996]

  1. If asked, the Commission may provide employees, employers, registered trade unions, registered employers' organizations, federations of trade unions, federations of employers' organisations or councils with advice or training relating to the primary objects of this Act, including but not limited to-

    1. establishing collective bargaining structures;

    2. designing, establishing and electing workplace forums and creating deadlock-breaking mechanisms;

    3. the functioning of workplace forums;

    4. preventing and resolving disputes and employees' grievances;

    5. disciplinary procedures;

    6. procedures in relation to dismissals;

    7. the process of restructuring the workplace;

    8. affirmative action and equal opportunity programmes; and

    9. the prevention of sexual harassment in the workplace.

  2. The Commission must perform any other duties imposed, and may exercise any other powers conferred, on it by or in terms of this Act and is competent to perform any other function entrusted to it by any other law.

  1. The governing body's rules of procedure, the terms of appointment of its members and other administrative matters are dealt with in Schedule 3.

  1.  

    1. A rule made under subsection (2)(cA) must be published in the Government Gazette. The Commission will be responsible to ensure that the publication occurs.

    2. A rule so made will not have any legal force or effect unless it has been so published.