LRA Form 3.24: Model Constitution of a Bargaining Council
16. Winding up

 

  1. At a special meeting called for that purpose, the council, by resolution adopted by a majority of the total number of representatives in the council, may decide to be wound up.

  1. Upon adoption of a resolution to wind up, the secretary must take the necessary steps to ensure that

    1. application is immediately made to the Labour Court for an order giving effect to the resolution; and

    2. the council's books and records of account and an inventory of its assets, including funds and investments, are delivered to the liquidator appointed by the Labour Court, and that whatever may be necessary is done to place the assets, funds and investments of the council at the disposal and under the control of the liquidator.

  2. Each party to the council remains liable for any unpaid liabilities to the council as at the adoption of a resolution to wind-up the council.

  1. If all the liabilities of the council have been discharged, the council must transfer any remaining assets to

    1. a bargaining council within the same or similar sector; that has been agreed upon at the special meeting referred to in sub-clause (1);

    2. the Commission if-

      1. there is no bargaining council within the same or similar sector; or

      2. the parties to the council fail to agree on a bargaining council that is to receive the remaining assets.