Skills Development Act, 1998 (Act No. 97 of 1998)ConstitutionsConstitution of the Clothing, Textile, Footwear and Leather Sector Education and Training Authority (CTFLSETA)12. Dispute Resolution |
Types of disputes
| 12.1 | The provisions of this clause apply to any dispute— |
| 12.1.1 | concerning the interpretation and application of this Constitution; |
| 12.1.2 | between one or more members of the Council arising out of an unresolved deadlock at Council as contemplated in clause 6.29. |
Declaration of dispute
| 12.2 | A member of Council that wishes to invoke the dispute resolution procedures set out in this clause must— |
| 12.2.1 | deliver a written dispute to the Executive Officer; |
| 12.2.2 | set out in the written dispute sufficient detail to enable any other member of Council to respond to the dispute; |
| 12.2.3 | deliver a copy of the written dispute to all member of Council affected by the dispute. |
Written responses
| 12.3 | Any member of Council with an interest in the dispute may, within ten (10) days of receiving the written declaration of dispute, deliver a written response to – |
| 12.3.1 | the Executive Officer; |
| 12.3.2 | the member that declared the dispute; |
| 12.3.3 | other member that has indicated it wishes to be a party to the dispute. |
Conciliation
| 12.4 | The Executive Officer must as soon as is reasonably practicable, refer the dispute to the Executive Committee which must endeavour to resolve the dispute by conciliation within twenty (20) days of receiving any written responses or within 30 days of the referral if no written responses are received. |
Arbitration
| 12.5 | If the Executive Committee fails to resolve the dispute or thirty (30) days since the referral of the dispute have lapsed, whichever occurs earlier, the members that are in dispute may appoint by joint agreement an arbitrator from a panel determined by Council. |
| 12.6 | If the members in dispute fail to agree on an arbitrator, the Executive Officer must appoint an arbitrator from a panel referred to in clause 12.5. |
| 12.7 | The arbitrator must determine the matter by arbitration within fifteen (15) days of being appointed. |
| 12.8 | The arbitrator must conduct the arbitration in accordance with guidelines agreed by the Council. |
| 12.9 | Within fourteen (14) days of the conclusion of the arbitration proceedings, the arbitrator must issue a signed arbitration award with reasons and as soon as possible thereafter, the Executive Officer must provide a copy of the award to every member who was a party to the dispute. |
| 12.10 | The decision of the arbitrator will be final and binding on the members in dispute and on their respective organisations. |
| 12.11 | The costs of the arbitration must be borne by the SETA unless the arbitrator determines otherwise in terms of clause 12.12. |
| 12.12 | The arbitrator may award appropriate costs against any member who is in dispute, or against the organisation or organisations that that member represents, if— |
| 12.12.1 | that member, without reasonable cause, refuses or fails to attend the arbitration or unduly delays the arbitration proceedings; or |
| 12.12.2 | the arbitrator is of the view that a member pursuing or resisting the dispute did so vexatiously or frivolously or had no reasonable prospects of succeeding. |
| 12.13 | An arbitrator may, on his or her own initiative or as a result of an application by an affected member vary or rescind an award or a ruling— |
| 12.13.1 | erroneously sought or made in the absence of any member affected by the award; |
| 12.13.2 | the extent of the ambiguity, error or omission; or |
| 12.13.3 | granted as result of a mistake common to the members in dispute. |