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Home Forums Labour Law on Trial Should Probation be a justification for Fixed term employment

This topic contains 1 reply, has 2 voices, and was last updated by Profile photo of Alison Lee Alison Lee 1 week, 3 days ago.

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  • #5932
    Profile photo of Michael Bagraim
    Michael Bagraim
    Moderator

    Although Section 198B of The Labour Relations Act gives 9 justifications for conclusion of fixed term contracts these justifications are not limited in any way and certainly it appears that the 9 justifications are merely guidelines. However, I don’t believe that probation would be a justification for a fixed term contract. In essence probation is a specific written clause entered into between employer and employee in order to justify a set of circumstances to endorse permanent or even short term employment. The reality is that probation could be added into fixed term contracts or any contract of any nature culminating in employment on a permanent basis. Probation in our law is specifically incorporated into contracts to enable parties to assess whether the contracts ought to become of a permanent nature or of a specified term of employment. This probationary clause would allow parties to explore their suitability to each other. Probation itself comes with various plights and duties, this must be adhered to in order to ensure that the probationary clause is properly implemented.

    My experience has been that probation has to be included in all contracts whether they be of a specific term or of a permanent nature. The fixed term contract will still have to be justified in terms of Section 198B regardless of the introduction of a probationary clause. Michael Bagraim

    Yes I think it can be used as a justification- but not in the strict sense of 198B. Although a probationary trial period does not fit any of the 9 justifications, there’s no reason in principle why an employer can’t use a 3-month FTC to test the employee’s performance – and thus use it as a probationary period. The 198B justifications don’t apply in the first 3months – so the parties can contract on terms they agree.

    It gives the employee the same chance to prove his or her value as a probationary period would – and it’s less risky for the employer. Patrick Deale

    Michael Bagraim completed his LLB concentrating on the political side of legal theory and the development of trained unionism in the western world. This led him into a taxing but interesting career in labour law.

    #5945
    Profile photo of Alison Lee
    Alison Lee
    Moderator

    Revisiting SECTIONS 198A – 198D of the LRA, as amended

    On 1 January 2015 the Labour Relations Amendment Act (No.6 of 2014) (LRAA) came into force, with the exception of s37(c).

    The LRAA signals a move by government to streamline the country’s labour environment and will require that South African businesses adjust the way they have traditionally employed and managed staff in their organisations.

    Lets revisit these sections

    sections 198A-198D

    “198A. Application of section 198 to employees earning below earnings threshold

    (1) In this section, a ‘temporary service’ means work for a client by an employee—

    (a) for a period not exceeding three months;

    (b) as a substitute for an employee of the client who is temporarily absent; or

    (c) in a category of work and for any period of time which is determined to be a temporary service by a collective agreement concluded in a bargaining council, a sectoral determination or a notice published by the Minister, in accordance with the provisions of subsections (6) to (8).

    (2) This section does not apply to employees earning in excess of the threshold prescribed by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act.

    (3) For the purposes of this Act, an employee—

    (a) performing a temporary service as contemplated in subsection (1) for the client is the employee of the temporary employment services in terms of section 198(2); or

    (b) not performing such temporary service for the client is—
    (i) deemed to be the employee of that client and the client is deemed to be the employer; and
    (ii) subject to the provisions of section 198B, employed on an indefinite basis by the client.

    (4) The termination by the temporary employment services of an employee’s service with a client, whether at the instance of the temporary employment service or the client, for the purpose of avoiding the operation of subsection (3)(b) or because the employee exercised a right in terms of this Act, is a dismissal.

    (5) An employee deemed to be an employee of the client in terms of subsection (3)(b) must be treated on the whole not less favourably than an employee of the client performing the same or similar work, unless there is a justifiable reason for different treatment.

    (6) The Minister must by notice in the Government Gazette invite representations from the public on which categories of work should be deemed to be temporary service by notice issued by the Minister in terms of subsection (1)(c).

    (7) The Minister must consult with NEDLAC before publishing a notice or a provision in a sectoral determination contemplated in subsection (1)(c).

    (8) If there is conflict between a collective agreement concluded in a bargaining council, a sectoral determination or a notice by the Minister contemplated in subsection (1)(c)—
    (a) the collective agreement takes precedence over a sectoral determination or notice; and
    (b) the notice takes precedence over the sectoral determination.

    (9) Employees contemplated in this section, whose services were procured for or provided to a client by a temporary employment service in terms of section 198(1) before the commencement of the Labour Relations Amendment Act, 2014, acquire the rights contemplated in subsections (3), (4) and (5) with effect from three months after the commencement of the Labour Relations Amendment Act, 2014.

    198B. Fixed term contracts with employees earning below earnings threshold

    (1) For the purpose of this section, a ‘fixed term contract’ means a contract of employment that terminates on—

    (a) the occurrence of a specified event;
    (b) the completion of a specified task or project; or
    (c) a fixed date, other than an employee’s normal or agreed retirement age, subject to subsection (3).

    (2) This section does not apply to—

    (a) employees earning in excess of the threshold prescribed by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act;
    (b) an employer that employs less than 10employees, or that employs less than 50 employees and whose business has been in operation for less than two years, unless—
    (i) the employer conducts more than one business; or
    (ii) the business was formed by the division or dissolution for any reason of an existing business; and
    (c) an employee employed in terms of a fixed term contract which is permitted by any statute, sectoral determination or collective agreement.

    (3) An employer may employ an employee on a fixed term contract or successive fixed term contracts for longer than three months of employment only if—
    (a) the nature of the work for which the employee is employed is of a limited or definite duration; or
    (b) the employer can demonstrate any other justifiable reason for fixing the term of the contract.

    (4) Without limiting the generality of subsection (3), the conclusion of a fixed term contract will be justified if the employee—
    (a) is replacing another employee who is temporarily absent from work;
    (b) is employed on account of a temporary increase in the volume of work which is not expected to endure beyond 12 months;
    (c) is a student or recent graduate who is employed for the purpose of being trained or gaining work experience in order to enter a job or profession;
    (d) is employed to work exclusively on a specific project that has a limited or defined duration;
    (e) is a non-citizen who has been granted a work permit for a defined period;
    (f) is employed to perform seasonal work;
    (g) is employed for the purpose of an official public works scheme or similar public job creation scheme;
    (h) is employed in a position which is funded by an external source for a limited period; or
    (i) has reached the normal or agreed retirement age applicable in the employer’s business.

    (5) Employment in terms of a fixed term contract concluded or renewed in contravention of subsection (3) is deemed to be of indefinite duration.

    (6) An offer to employ an employee on a fixed term contract or to renew or extend a fixed term contract, must—
    (a) be in writing; and
    (b) state the reasons contemplated in subsection (3)(a) or (b).

    (7) If it is relevant in any proceedings, an employer must prove that there was a justifiable reason for fixing the term of the contract as contemplated in subsection (3) and that the term was agreed.

    (8) (a) An employee employed in terms of a fixed term contract for longer than three months must not be treated less favourably than an employee employed on a permanent basis performing the same or similar work, unless there is a justifiable reason for different treatment.
    (b) Paragraph (a) applies, three months after the commencement of the Labour Relations Amendment Act, 2014, to fixed term contracts of employment entered into before the commencement of the Labour Relations Amendment Act, 2014.

    (9) As from the commencement of the Labour Relations Amendment Act, 2014, an employer must provide an employee employed in terms of a fixed term contract and an employee employed on a permanent basis with equal access to opportunities to apply for vacancies.

    (10) (a) An employer who employs an employee in terms of a fixed term contract for a reason contemplated in subsection (4)(d) for a period exceeding 24 months must, subject to the terms of any applicable collective agreement, pay the employee on expiry of the contract one week’s remuneration for each completed year of the contract calculated in accordance with section 35 of the Basic Conditions of Employment Act.
    (b) An employee employed in terms of a fixed-term contract, as contemplated in paragraph (a),before the commencement of the Labour Relations Amendment Act, 2014, is entitled to the remuneration contemplated in paragraph (a) in respect of any period worked after the commencement of the said Act.

    (11) An employee is not entitled to payment in terms of subsection (10) if, prior to the expiry of the fixed term contract, the employer offers the employee employment or procures employment for the employee with a different employer, which commences at the expiry of the contract and on the same or similar terms.

    198C. Part-time employment of employees earning below earnings threshold

    (1) For the purpose of this section—
    (a) a part-time employee is an employee who is remunerated wholly or partly by reference to the time that the employee works and who works less hours than a comparable full-time employee; and
    (b) a comparable full-time employee—
    (i) is an employee who is remunerated wholly or partly by reference to the time that the employee works and who is identifiable as a full-timeemployee in terms of the custom and practice of the employer of that employee; and
    (ii) does not include a full-time employee whose hours of work are temporarily reduced for operational requirements as a result of an agreement.

    (2) This section does not apply—
    (a) to employees earning in excess of the threshold determined by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act;
    (b) to an employer that employs less than 10 employees or that employs less than 50 employees and whose business has been in operation for less than two years, unless—
    (i) the employer conducts more than one business; or
    (ii) the business was formed by the division or dissolution, for any reason, of an existing business;
    (c) to an employee who ordinarily works less than 24 hours a month for an employer; and
    (d) during an employee’s first three months of continuous employment with an employer.

    (3) Taking into account the working hours of a part-time employee, irrespective of when the part-time employee was employed, an employer must—
    (a) treat a part-time employee on the whole not less favourably than a comparable full-time employee doing the same or similar work, unless there is a justifiable reason for different treatment; and
    (b) provide a part-time employee with access to training and skills development on the whole not less favourable than the access applicable to a comparable full-time employee.

    (4) Subsection (3) applies, three months after the commencement of the Labour Relations Amendment Act, 2014, to part-time employees employed before the commencement of the Labour Relations Amendment Act, 2014.

    (5) After the commencement of the Labour Relations Amendment Act, 2014, an employer must provide a part-time employee with the same access to opportunities to apply for vacancies as it provides to full-time employees.

    (6) For the purposes of identifying a comparable full-time employee, regard must be had to a full-time employee employed by the employer on the same type of employment relationship who performs the same or similar work—
    (a) in the same workplace as the part-time employee; or
    (b) if there is no comparable full-time employee who works in the same workplace, a comparable full-time employee employed by the employer in any other workplace.

    198D. General provisions applicable to sections 198A to 198C

    (1) Any dispute arising from the interpretation or application of sections 198A, 198B and 198C may be referred to the Commission or a bargaining council with jurisdiction for conciliation and, if not resolved, to arbitration.

    (2) For the purposes of sections 198A(5), 198B(8) and 198C(3)(a), a justifiable reason includes that the different treatment is a result of the application of a system that takes into account—
    (a) seniority, experience or length of service;
    (b) merit;
    (c) the quality or quantity of work performed; or
    (d) any other criteria of a similar nature, and such reason is not prohibited by section 6(1) of the Employment Equity Act, 1998 (Act No. 55 of 1998).

    (3) A party to a dispute contemplated in subsection (1), other than a dispute about a dismissal in terms of section 198A(4), may refer the dispute, in writing, to the Commission or to the bargaining council, within six months after the act or omission concerned.

    (4) The party that refers a dispute must satisfy the Commission or the bargaining council that a copy of the referral has been served on every party to the dispute.

    (5) If the dispute remains unresolved after conciliation, a party to the dispute may refer it to the Commission or to the bargaining council for arbitration within 90 days.

    (6) The Commission or the bargaining council may at any time, permit a party that shows good cause to, refer a dispute after the relevant time limit set out in subsection (3) or (5).”.

    Impact

    Section 198A seeks to introduce additional protection for employees who earn on or below the threshold prescribed in terms of section 6(3) of the Basic Conditions of Employment Act. For the purposes of the Act, employees are treated as the employees of the client if they work for a period in excess of three months. The only exception to this is employees who work as a substitute for an employee of the client who is temporarily absent. Temporary services may also be regulated by a collective agreement concluded in a bargaining council, a sectoral determination, or a Ministerial notice.

    To prevent abuse of the three-month period that constitutes temporary work, the section provides that a termination by temporary employment services of an employee’s assignment with a client for the purpose of avoiding deemed employment by the client constitutes a dismissal. This means that the fairness of the termination of an assignment may be challenged in terms of the Act. Employees deemed under this provision to be employees of the client must be treated on the whole not less favourably than employees of the client who perform the same or similar work, unless there is a justifiable reason for different treatment. This means, for example, that if an employeeis procured by a temporary employment service for a client for three months, but is kept on after the expiry of the three-month period, then that employee must, unless there is a justifiable reason for different treatment, be paid the same wages and benefits as the client’s other employees who are performing the same or similar work.

    Like section 198A, the proposed section 198B introduces additional protection for employees who earn on or below the threshold prescribed in terms of section 6(3) of the Basic Conditions of Employment Act. This section does not apply to employees who are employed in terms of a statute, sectoral determination or collective agreement that permits the conclusion of a fixed term contract. In addition, and in order to accommodate new and small businesses, the section does not apply to:

    (a)an employer that employs less than 10 employees; or
    (b)an employer that employs less than 50 employees and whose business has been in operation for less than two years.

    These exclusions do not apply if the employer conducts more than one business or the business was formed by the division or dissolution for any reason of an existing business.

    An employer is permitted to employ an employee to whom this proposed amendment applies on a fixed term contract or successive fixed term contracts for up to three months. An employee may be employed on a fixed term contract for a longer period if the nature of the work for which the employee is engaged is of a limited or definite duration or the employer can demonstrate any other justifiable reason for fixing the term of the contract. The period of three months may be varied by a sectoral determination or a collective agreement concluded at a bargaining council.

    The proposed amendment provides a non-exhaustive list of justifiable reasons for fixing the term of a contract, which include the following:

    (a)An employee to whom the section applies who is employed for a period longer than three months is deemed to be employed for an indefinite period unless the nature of the work is of a limited or definite duration or the employer can demonstrate any other justifiable reason for fixing the term of the contract.

    (b)An employer who employs an employee to whom the section applies on a fixed term contract or who renews or extends a fixed term contract, must do so in writing and must state the reason that justifies the fixed term nature of the employment contract.

    (c)An employer bears an onus to prove in any relevant proceedings that there is a justifiable reason for fixing the term of the contract and that the term was agreed.

    The amendments provide the following additional protection for certain specified employees:

    (a)An employee employed on a fixed term contract for more than three months (or any other period determined by a sectoral determination or collective agreement concluded at a bargaining council) must be treated on the whole not less favourably than an employee on an indefinite contract performing the same or similar work, unless there is a justifiable reason for treating the employee differently. What may constitute a justifiable reason for this purpose is dealt with in section 198D.

    (b)An employer must provide an employee employed on a fixed term contract with the same access to opportunities to apply for vacancies as it provides to an employee employed on an indefinite contract of employment.

    (c)If a fixed term of longer than 24 months can be justified under the section, the employer must, on expiry of the contract and subject to the terms of any collective agreement regulating the issue, pay the employee one week’s remuneration for each completed year of the contract. An employee is not entitled to payment in terms of subsection (10) if, prior to the expiry of the fixed-term contract, the employer offers the employeeemployment or procures employment for the employee with a different employer which commences no later than 30 days after expiry of the contract and on the same or similar terms.

    Section 198C seeks to regulate the work of vulnerable part-time employees by reflecting the provisions regulating part-time employees in the European Union, and the ILO Convention on Part-time Work (Convention 175, 1994).

    Similar to sections 198A and 198B, section 198C applies only to employees who earn on or below the threshold prescribed in terms of section 6(3) of the Basic Conditions of Employment Act. This provision does not apply to employees who ordinarily work less than 24 hours a month, or during the first three months of employment. In order to accommodate new and small businesses this section does not apply to:

    (a)an employer that employs less than 10 employees; and

    (b)an employer that employs less than 50 employees and whose business has been in operation for less than two years, unless the employer conducts more than one business or the business was formed by the division or dissolution for any reason of an existing business.

    The amendment seeks to define part-time and comparable full-time employees, and requires employers to:

    (a)Treat part-time employees on the whole not less favourably than comparable full-time employees doing the same or similar work, unless there is a justifiable reason for different treatment. What constitutes a justifiable reason for differentiation is dealt with in section 198D.

    (b)Provide part-time employees with access to training and skills development that is on the whole not less favourable than the access applicable to comparable full-time employees.

    (c)Provide part-time employees with the same access to opportunities to apply for vacancies as full-time employees.

    Section 198D provides that disputes about the interpretation or application of sections 198A to 198C may be referred to the CCMA or a bargaining council with jurisdiction for conciliation and, if not resolved, to arbitration. A justifiable reason for different treatment (referred to in sections 198A, 198B and 198C) includes different treatment which is a result of the application of a system that takes into account—

    (a)seniority, experience or length of service;

    (b)merit;

    (c)the quality or quantity of work performed; and

    (d)any other criteria of a similar nature not prohibited by section 6(1) of the Employment Equity Act, 1998 (Act No. 55 of 1998).

    THESE SECTIONS READ AS FOLLOWS AS SUMMARIES

    “198A. Application of section 198 to employees earning below earnings threshold

    Note -a ‘temporary service’ means work for a client by an employee—for a period not exceeding three months; as a substitute for an employee of the client who is temporarily absent; or in a category of work and for any period of time which is determined to be a temporary service by a collective agreement concluded in a bargaining council, a sectoral determination or a notice published by the Minister.

    Note -This section does not apply to employeesearning in excess of the threshold prescribed by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act.

    Note – an employee performing a temporary service for the client is the employee of the temporary employment services in terms of section 198(2); or not performing such temporary service for the client is deemed to be the employee of that client and the client is deemed to be the employer; and
    subject to the provisions of section 198B, employed on an indefinite basis by the client.

    The termination by the temporary employment services of an employee’s service with a client, whether at the instance of the temporary employment service or the client, for the purpose of avoiding the operation of this new amendment reflected above or because the employee exercised a right in terms of this Act, is a dismissal.

    An employee who is deemed to be an employee of the client in terms of the above provisions must be treated on the whole not less favourably than an employee of the client performing the same or similar work, unless there is a justifiable reason for different treatment.

    The Minister must by notice in the Government Gazette invite representations from the public on which categories of work should be deemed to be temporary service by notice issued by theMinister. The Minister must consult with NEDLACbefore publishing a notice or a provision in a sectoral determination.

    If there is conflict between a collective agreement concluded in a bargaining council, a sectoral determination or a notice by the Minister the collective agreement takes precedence over a sectoral determination or notice; andthe notice takes precedence over the sectoral determination.

    Employees contemplated in this section, whose services were procured for or provided to a client by a temporary employment service in terms of section 198(1) before the commencement of the Labour Relations Amendment Act, 2014, acquire the rights contemplated above with effect from three months after the commencement of the Labour Relations Amendment Act, 2014.

    198B. Fixed term contracts with employees earning below earnings threshold

    Note a ‘fixed term contract’ means a contract of employment that terminates on the occurrence of a specified event;the completion of a specified task or project; ora fixed date, other than an employee’s normal or agreed retirement age.

    Note that this section does not apply to—employees earning in excess of the threshold prescribed by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act;an employer that employs less than 10employees, or that employs less than 50 employees and whose business has been in operation for less than two years, unless—the employer conducts more than one business; or the business was formed by the division or dissolution for any reason of an existing business; andan employee employed in terms of a fixed term contract which is permitted by any statute, sectoral determination or collective agreement.

    An employer may employ an employee on a fixed term contract or successive fixed term contracts for longer than three months ofemployment only ifthe nature of the work for which theemployee is employed is of a limited or definite duration; orthe employer can demonstrate any other justifiable reason for fixing the term of the contract. Without limiting the generality the conclusion of a fixed term contract will be justified if the employeeis replacing another employee who is temporarily absent from work;is employed on account of a temporary increase in the volume of work which is not expected to endure beyond 12 months;is a student or recent graduate who is employed for the purpose of being trained or gaining work experience in order to enter a job or profession;is employed to work exclusively on a specific project that has a limited or defined duration;is a non-citizen who has been granted a work permit for a defined period;is employed to perform seasonal work;is employed for the purpose of an official public works scheme or similar public job creation scheme;is employed in a position which is funded by an external source for a limited period; or
    has reached the normal or agreed retirement age applicable in the employer’s business.

    Employment in terms of a fixed term contract concluded or renewed in contravention of the above is deemed to be of indefinite duration.

    An offer to employ an employee on a fixed term contract or to renew or extend a fixed term contract, must be in writing; and
    state the reasons.

    If it is relevant in any proceedings, an employer must prove that there was a justifiable reason for fixing the term of the contract and that the term was agreed.

    An employee employed in terms of a fixed term contract for longer than three months must not be treated less favourably than an employee employed on a permanent basis performing the same or similar work, unless there is a justifiable reason for different treatment.
    This provision applies, three months after the commencement of the Labour Relations Amendment Act, 2014, to fixed term contracts of employment entered into before the commencement of the Labour Relations Amendment Act, 2014.

    As from the commencement of the Labour Relations Amendment Act, 2014, an employer must provide an employee employed in terms of a fixed term contract and an employee employed on a permanent basis with equal access to opportunities to apply for vacancies.

    An employer who employs anemployee in terms of a fixed term contract for a period exceeding 24 months must, subject to the terms of any applicable collective agreement, pay theemployee on expiry of the contract one week’s remuneration for each completed year of the contract calculated in accordance with section 35 of the Basic Conditions of Employment Act.

    An employee employed in terms of a fixed-term contractbefore the commencement of the Labour Relations Amendment Act, 2014, is entitled to the remuneration in respect of any period worked after the commencement of the said Act. But An employee is not entitled to payment if, prior to the expiry of the fixed term contract, the employer offers theemployee employment or procures employment for the employee with a different employer, which commences at the expiry of the contract and on the same or similar terms.

    198C. Part-time employment of employees earning below earnings threshold

    Note- a part-time employee is an employeewho is remunerated wholly or partly by reference to the time that the employeeworks and who works less hours than a comparable full-time employee; anda comparable full-time employee—is an employee who is remunerated wholly or partly by reference to the time that theemployee works and who is identifiable as a full-timeemployee in terms of the custom and practice of the employer of that employee; anddoes not include a full-timeemployee whose hours of work are temporarily reduced foroperational requirements as a result of an agreement.

    This section does not apply to employees earning in excess of the threshold determined by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act;to an employer that employs less than 10 employees or that employs less than 50 employees and whose business has been in operation for less than two years, unless—the employer conducts more than one business; orthe business was formed by the division or dissolution, for any reason, of an existing business;to an employee who ordinarily works less than 24 hours a month for an employer; andduring an employee’s first three months of continuous employment with an employer.

    Taking into account the working hours of a part-time employee, irrespective of when the part-time employee was employed, an employer must—

    • treat a part-time employee on the whole not less favourably than a comparable full-time employee doing the same or similar work, unless there is a justifiable reason for different treatment; and
    • provide a part-time employee with access to training and skills development on the whole not less favourable than the access applicable to a comparable full-time employee. This does not apply, three months after the commencement of the Labour Relations Amendment Act, 2014, to part-time employees employed before the commencement of the Labour Relations Amendment Act, 2014.

    After the commencement of the Labour Relations Amendment Act, 2014, an employer must provide a part-time employee with the same access to opportunities to apply for vacancies as it provides to full-time employees.

    For the purposes of identifying a comparable full-time employee, regard must be had to a full-time employee employed by the employer on the same type of employment relationship who performs the same or similar work—in the same workplace as the part-time employee; or if there is no comparable full-time employee who works in the same workplace, a comparable full-time employee employed by the employer in any other workplace.

    198D. General provisions applicable to sections 198A to 198C

    Any dispute arising from the interpretation or application of sections 198A, 198B and 198C may be referred to the Commission or a bargaining council with jurisdiction for conciliation and, if not resolved, to arbitration.

    For the purposes of sections 198A(5), 198B(8) and 198C(3)(a), a justifiable reason includes that the different treatment is a result of the application of a system that takes into account—

    (a)seniority, experience or length of service;

    (b)merit;

    (c)the quality or quantity of work performed; or

    (d)any other criteria of a similar nature, and such reason is not prohibited by section 6(1) of the Employment Equity Act, 1998 (Act No. 55 of 1998).

    A party to a dispute other than a dispute about a dismissal in terms of section 198A(4), may refer the dispute, in writing, to the Commission or to the bargaining council, within six months after the act or omission concerned.

    The party that refers a dispute must satisfy the Commission or the bargaining council that a copy of the referral has been served on every party to the dispute.

    If the dispute remains unresolved after conciliation, a party to the dispute may refer it to the Commission or to the bargaining council for arbitration within 90 days.

    The Commission or the bargaining council may at any time, permit a party that shows good cause to, refer a dispute, after the relevant time limit set out above.

    Alison holds the position of Chief Executive Officer of the Corporate Counsel Association of South Africa (CCASA) which association represents the in-house and corporate counsel profession in South Africa – an appointment that was effective 1 October 2004.

    Alison Lee can be contacted via alison.lee@mweb.co.za

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