Chapter VII: Dispute Resolution
Part C: Resolution of Disputes under auspices of Commission
149. Commission may provide assistance

 

 

  1. If asked, the Commission may assist an employee or employer who is a party to a dispute-

    1. together with the Legal Aid Board, (The Legal Aid Board is established in terms of section 2 of the Legal Aid Act, 1969 (Act No. 22 of 1969)) to arrange for advice or assistance by a legal practitioner;

    2. together with the Legal Aid Board, to arrange for a legal practitioner-

      1. to attempt to avoid or settle any proceedings being instituted against an employee or employer in terms of this Act;

      2. to attempt to settle any proceedings instituted against an employee or employer in terms of this Act;

      3. to institute on behalf of the employee or employer any proceedings in terms of this Act;

      4. to defend or oppose on behalf of the employee or employer any proceedings instituted against the employee or employer in terms of this Act; or

    3. by providing any other form of assistance that the Commission considers appropriate.

  2. The Commission may provide the assistance referred to in subsection (1) after having considered-

    1. the nature of the questions of law raised by the dispute;

    2. the complexity of the dispute;

    3. whether there are conflicting arbitration awards that are relevant to the dispute; and

    4. the public interest.

  3. As soon as practicable after having received a request in terms of subsection (1), but not later than 30 days of the date the Commission received the request, the Commission must advise the applicant in writing whether or not it will assist the applicant and, if so, the form that the assistance will take.