Should a matter concerning the interpretation and/or, implementation of a term or condition of this Constitution (which is not required to be adjudicated upon by the Labour Court) remain unresolved after having been tabled and discussed at a TETA Board meeting, the party who tabled the matter may
| 22.1.1 | Refer the dispute in writing to the Chief Executive Officer adequately describing the dispute. The referral must be delivered to every other party to the dispute by the party referring the dispute. |
| 22.1.2 | The Chief Executive Officer shall then endeavour to resolve the dispute by conciliation within 30 days of referral of the dispute, then any party to the dispute may refer it for arbitration by an arbitrator. The arbitrator must be agreed to by both parties to the dispute with the approval of the Chairperson of TETA or, failing such agreement or approval, by an arbitrator appointed by the Chairperson of TETA. |
| 22.1.3 | The arbitrator shall determine the date and venue of the arbitration and the procedure to be followed by the parties to the dispute, with a view to settle the dispute as informally and as expeditiously as possible. If conciliation is not possible, then the arbitrator must arbitrate the dispute. |
| 22.1.4 | The arbitrator must conduct the arbitration in a manner that he or she considers appropriate in order to determine the dispute fairly and quickly, but must deal with the substantial merits of the dispute with the minimum of legal formality. |
| 22.1.5 | Within 14 days of conclusion of the arbitration proceedings: |
| (a) | The arbitrator must issue a signed arbitration award with reasons. |
| (b) | The Chief Executive Officer must provide a copy of the award to every party to the dispute. |
| 22.1.6 | The arbitration award is final and binding on the parties to the dispute. |
| 22.1.7 | The costs of the arbitration must be borne equally by the parties to the dispute or as otherwise determined by the Board. The arbitrator may however make a different and appropriate award of costs if: |
| (a) | A party to the dispute, without reasonable cause, refuses or fails to attend the arbitration or unduly delays arbitration proceedings, or |
| (b) | The arbitrator is of the view that a party pursuing or resisting the dispute did so vexatiously or frivolously or had no reasonable prospect of succeeding. |
| 22.1.8 | An arbitrator may, at his or her own initiative or as a result of an application by an affected party, vary or rescind an award: |
| (a) | Erroneously sought or made in the absence of any party affected by the award. |
| (b) | In which there is ambiguity, or any obvious error or omission, but only to the extent of the ambiguity, error or omission or |
| (c) | Granted as a result of a mistake common to the parties to the proceedings. |
| 22.1.9 | provisions of the Arbitration Act 1995 (Act No. 42 of 1965) shall not apply. |
