Schedule 4: Dispute Resolution
Flow Diagrams

 

 

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Freedom of Association

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Organisational Rights

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Collective Agreements

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Collective Agreements (Agency Shop and Closed Shop Agreements)

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Councils

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Strikes and Lock-outs

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Picketing

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Essential Services

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Workplace Forum (1) (Joint Decision Making)

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Unfair Dismissal (1) (Automatically Unfair Reasons)

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Unfair Dismissal (2) (Strikes and reasons related to closed shops)

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Unfair Dismissal (3) (Misconduct / Incapacity)

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Unfair Dismissal (4) (Operational requirements)

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Unfair Labour Practice

This Schedule contains flow diagrams that provide guidelines to the procedures for the resolution of some of the more important disputes that may arise under this Act. This Schedule not part of this Act. It does not have the force of law. The flow diagrams are intended only to provide assistance to those parties who may become involved in a dispute.

The flow diagrams do not indicate the rights that parties may have to seek urgent interim relief, nor do they indicate the right of review or appeal that parties have to the Labour Court or the Labour Appeal Court in certain cases. This Act sets out the circumstances in which these rights are available.

Awards and determinations by arbitrators are enforceable ultimately by the Labour Court.