LABOUR ACT [Chapter 28:01] (as amended) ten warnings, fines, reductions in pay for a specified period, suspension with or without pay or on reduced pay, demotion and dismissal from employment; (d) the person, committee or authority that shall be responsible for implementing and enforcing the rules, procedures and penalties of the employment code; (e) the notification to any person who is alleged to have breached the employment code that proceedings are to be commenced against him in respect of the alleged breach; (f) the right of a person referred to in paragraph (e) to be heard by the appropriate person, committee or authority referred to in paragraph (d) before any decision in his case is made; (g) a written record or summary to be made of any proceedings or decisions taken in terms of the employment code, which record or summary shall be made at the time such proceedings and decisions are taken. (4) An applicant referred to in subsection (2) may, at any time after the registration of a employment code, apply in the manner prescribed to the Registrar to register any amendment to the employment code, and subsection (3) shall apply, mutatis mutandis, in relation to that amendment. (5) Notwithstanding this Part, but subject to subsection (6), no labour officer shall intervene in any dispute or matter which is or is liable to be the subject of proceedings under a employment code, nor shall he intervene in any such proceedings. (6) If a matter is not determined within thirty days of the date of the notification referred to in paragraph (e) of subsection (3), the employee or employer concerned may refer such matter to a labour officer, who may then determine or otherwise dispose of the matter in accordance with section ninety-three. (7) [Repealed] (8) [Repealed] (9) The Minister may, after consultation with representatives of trade unions and employers organizations, by statutory instrument publish a model employment code of conduct. (10) An employment council or works council may, by making application in terms of subsection (1), adopt the model employment code referred to in subsection (9), subject to such modifications as may be appropriate to the industry, undertaking or workplace concerned. PART XIII COLLECTIVE JOB ACTION 102 Interpretation in Part XIII In this Part— “disposal order” means an order made in terms of section one hundred and seven; “essential service” means any service— (a) the interruption of which endangers immediately the life, personal safety or health of the whole or any part of the public; and (b) that is declared by notice in the Gazette made by the Minister, after consultation with Re-issue the appropriate advisory council, if any, appointed in terms of section nineteen, to be an essential service; “lawful collective job action” means collective job action which is not prohibited in terms of subsection (3) of section one hundred and four; “lock-out” means any one or more of the following acts or omissions by any person who is or has been an employer— (a) the exclusion by him of any person or number of persons, who are or have been in his employ, from any premises on which work provided by him is or has been performed; or (b) the total or partial discontinuance by him of his business or of the provision of work; or (c) the breach or termination by him of the contracts of employment of any person or number of persons in his employ; or (d) the refusal or failure by him to re-employ any person or number of persons who have been in his employ; if that exclusion, discontinuance, breach, termination, refusal or failure is in consequence of a dispute regarding conditions of employment or other matters, and the purpose of that exclusion, discontinuance, breach, termination, refusal or failure is to induce or compel any persons who are or have been in his employ or in the employ of other persons to agree to or comply with any demands concerning conditions of employment or re-employment or other matters made by him or on his behalf or by or on behalf of any other person who is or has been an employer; “show cause order” means an order made in terms of section one hundred and six; 103 Appeal against declaration of essential service Any person who is aggrieved by any statutory instrument by the Minister declaring any service or occupation to be an essential service may appeal against such notice to the Labour Court, and the Labour Court may vary or revoke the statutory instrument as it deems just. 104 Right to resort to collective job action (1) Subject to this Act, all employees, workers committees and trade unions shall have the right to resort to collective job action to resolve disputes of interest. (2) Subject to subsection (4), no employees, workers committee, trade union, employer, employers organisation or federation shall resort to collective job action unless— (a) fourteen days’ written notice of intent to resort to such action, specifying the grounds for the intended action, has been given— (i) to the party against whom the action is to be taken; and (ii) to the appropriate employment council; and (iii) to the appropriate trade union or employers organisation or federation in the case of members of a trade union or employers organisation or federation partaking in a collective job action where the trade union or employers or- - 38 - 1st May 2003-