Commissioner only having power in terms of section 83(3) to reverse decisions of conciliators appointed in terms of section 82 Labour Commissioner when – – considering application for reversal of a decision of an arbitrator appointed in – terms of section 85 thus acting ultra vires when considering and dismissing – application made to him by appellant. Labour law Labour Act 11 of 2007, ss 86(5) and (6) Interpretation of - Chapter — — 8 enacted for the and Resolution of Disputes’ Legislature’s intention - ‘Prevention – as expressed in Sections 86(5) and (6) - being that disputes should first be conciliated upon thereby preventing or attempting to prevent the resolution of – disputes through any subsequent arbitration, if possible - these legislative requirements also giving expression to one of the fundamental principles underlying the enactment of the Labour Act 2007 - as expressed in the Preamble of that act – namely: to provide for the systematic prevention and resolution of labour disputes ‘ … Court holding therefore that the aim and object of the Labour Act, as expressed …’. – in these sections, was to first prevent- and only if it cannot be prevented- to then achieve the speedy and inexpensive resolution of labour disputes through arbitration it emerging at the same time that the Legislature considered the mechanism of – conciliation an important tool achieve these aims - the word as utilised in ‘must’, these sections, accordingly held to be peremptory - as otherwise these aims and objective set by the act would be defeated - Labour Act 11 of 2007, s 86(5) and (6) - laying down the requirement of conciliation, as a peremptory pre-condition, before any dispute would be allowed to proceed to arbitration- Labour Act 11 of 2007, s 86(5) and (6) legislative requirement set by sections 86(5) to first attempt to resolve any dispute through conciliation before beginning the arbitration requiring no more than an attempt at conciliation provided that it would – not be enough to just pay lip- service to the requirement of conciliation and that all such prescribed conciliation attempts should at all times be seriously and meaningfully made, with the aim of genuinely resolving disputes thereby obviating the need to have to proceed to arbitration.
Commissioner only having power in terms of section 83(3) to reverse decisions of conciliators – appointed in terms of section 82 – Labour Commissioner when considering application for reversal of a decision of an arbitrator – appointed in terms of section 85 – thus acting ultra vires when considering and dismissing application made to him by appellant. Labour law — Labour Act 11 of 2007, ss 86(5) and (6) — Interpretation of - Chapter 8 enacted for the ‘Prevention and Resolution of Disputes’ – Legislature’s intention - as expressed in Sections 86(5) and (6) - being that disputes should first be conciliated upon – thereby preventing or attempting to prevent the resolution of disputes through any subsequent arbitration, if possible - these legislative requirements also giving expression to one of the fundamental principles underlying the enactment of the Labour Act 2007 - as expressed in the Preamble of that act – namely: ‘ … to provide for the systematic prevention and resolution of labour disputes …’. – Court holding therefore that the aim and object of the Labour Act, as expressed in these sections, was to first prevent- and only if it cannot be prevented- to then achieve the speedy and inexpensive resolution of labour disputes through arbitration – it emerging at the same time that the Legislature considered the mechanism of conciliation an important tool achieve these aims - the word ‘must’, as utilised in these sections, accordingly held to be peremptory - as otherwise these aims and objective set by the act would be defeated - Labour Act 11 of 2007, s 86(5) and (6) - laying down the requirement of conciliation, as a peremptory pre-condition, before any dispute would be allowed to proceed to arbitration- Labour Act 11 of 2007, s 86(5) and (6) legislative requirement set by sections 86(5) to first attempt to resolve any dispute through conciliation before beginning the arbitration requiring no more than an attempt at conciliation – provided that it would not be enough to just pay lip- service to the requirement of conciliation and that all such prescribed conciliation attempts should at all times be seriously and meaningfully made, with the aim of genuinely resolving disputes thereby obviating the need to have to proceed to arbitration.