The objective of this procedure is to outline a process for resolving disputes in instances where the dispute arises from or relates to the interpretation or application of the Constitution of the MERSETA.
| 2. | DISPUTE RESOLUTION PROCEDURE |
| 2.1 | Any constituency that is a party to a dispute concerning the interpretation or application of this Constitution may serve a notice of the dispute to the Chief Executive Officer of the MERSETA. |
| 2.2 | The referring party must: |
| 2.2.1 | lodge the dispute in writing |
| 2.2.2 | adequately describe the nature of the dispute, and |
| 2.2.3 | serve the dispute on every other affected party. |
| 2.3 | The Chief Executive Officer must within seven (7) days of receipt of the dispute notify the members of the Executive Committee and inform every and other affected party of the nature of the dispute. |
| 2.4 | The Executive Committee must within thirty (30) days of notice consult with the affected parties in order to ascertain the nature and extent of the disputes, including the referral of the dispute to the arbitrator. |
| 2.5 | The parties to the dispute must agree on a mutually acceptable arbitrator, or failing such agreement the Chairperson of the MERSETA may appoint a suitable arbitrator on behalf of the parties. |
| 2.6 | 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. |
| 2.7 | Within fourteen (14) days of conclusion of the arbitration proceedings: |
| 2.7.1 | the arbitrator must issue a signed arbitration award with reasons; and |
| 2.7.2 | the Chief Executive Officer must provide a copy of the award to every patty to the dispute. |
| 2.8 | The arbitration award shall be final and binding on the parties to the dispute. |
| 3.1 | An arbitrator may, at his or her own initiative or as a result of an application by an affected patty, vary or rescind an award: |
| 3.1.1 | erroneously sought or made in the absence of any party affected by the award; |
| 3.1.2 | in which there is ambiguity, or any obvious error or omission, but only to the extent of the ambiguity, error or omission; or |
| 3.1.3 | granted as a result of a mistake common to the parties to the proceeding . |
| 4. | AWARD OF ARBITRATION COSTS |
| 4.1 | The costs of the arbitration must be borne equally by the parties to the dispute. |
| 4.2 | The arbitrator may however make a different and appropriate award of costs if— |
| 4.2.1 | a party to the dispute, without reasonable cause, refuses or fails to attend the arbitration or unduly delays arbitration proceedings; or |
| 4.2.2 | 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. |
