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Amended Labour Relations Act

by lloyd last modified 2010-08-30 03:38

145. Review of arbitration awards

Labour Relations Act (No. 66 of 1995 )
as amended by the
Amendment - Afrikaans Labour Relations Act 1998, Amendment - Labour Relations Act 1996, Amendment - Labour Relations Act 1998, Amendment - Labour Relations Act 2000, and  Amendment - Labour Relations Act 2002

Chapter 7 : Dispute Resolution

Part C : Resolution Of Disputes Under Auspices Of Commission

145. Review of arbitration awards

(1)           Any party to a dispute who alleges a defect in any arbitration proceedings under the auspices of the Commission may apply to the Labour Court for an order setting aside the arbitration award-


(a) within six weeks of the date that the award was served on the applicant, unless the alleged defect involves corruption; or


(b) if the alleged defect involves corruption, within six weeks of the date that the applicant discovers the corruption.


(1A)  The Labour Court may on good cause shown condone the late filing of an application in terms of subsection (1)


(2)           A defect referred to in subsection (1), means-


(a) that the commissioner-


(i)         committed misconduct in relation to the duties of the commissioner as an arbitrator;


(ii)        committed a gross irregularity in the conduct of the arbitration proceedings; or


(iii)      exceeded the commissioner's powers; or


(b) that an award has been improperly obtained.


(3)           The Labour Court may stay the enforcement of the award pending its decision.


(4)           If the award is set aside, the Labour Court may-


(a) determine the dispute in the manner it considers appropriate; or


(b) make any order it considers appropriate about the procedures to be followed to determine the dispute.

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