LABOUR ACT [Chapter 28:01] (as amended) (2) If the dispute is settled by conciliation, the labour officer shall record the settlement in writing. (3) If the dispute is not settled within thirty days after the labour officer began to attempt to settle it under subsection (1), the labour officer shall issue a certificate of no settlement to the parties to the dispute. (4) The parties to a dispute may agree to extend the period for conciliation of the dispute referred to in subsection (3). (5) After a labour officer has issued a certificate of no settlement, the labour officer, upon consulting any labour officer who is senior to him and to whom he is responsible in the area in which he attempted to settle the dispute— (a) shall refer the dispute to compulsory arbitration if the dispute is a dispute of interest and the parties are engaged in an essential service; or (b) may, with the agreement of the parties, refer the dispute to compulsory arbitration; or (c) may refer the dispute to compulsory arbitration if the dispute is a dispute of right; and the provisions of section ninety-eight shall apply to such reference to compulsory arbitration. (6) Notwithstanding the issuance of a certificate of no settlement, the labour officer who attempted to conciliate the dispute remains seized with the dispute and shall continue to attempt to settle the dispute in accordance with any guidelines published by the Minister in terms of section one hundred and twenty-seven. (7) If, in relation to any dispute— (a) after a labour officer has issued a certificate of no settlement in relation to the dispute, it is not possible for any reason to refer the dispute to compulsory arbitration as provided in subsection (5); or (b) a labour officer refuses, for any reason, to issue a certificate of no settlement in relation to any dispute after the expiry of the period allowed for conciliation under subsection (3) or any extension of that period under subsection (4); any party to the dispute may, in the time and manner prescribed, apply to the Labour Court— (i) for the dispute to be disposed of in accordance with paragraph (b) of subsection (2) of section eighty-nine, in the case of a dispute of interest; or (ii) for an order in terms of paragraph (c) of subsection (2) of section eighty-nine, in the case of a dispute of right. 94 Prescription of disputes (1) (1) Subject to subsection (2), no labour officer shall entertain any dispute or unfair labour practice unless— (a) it is referred to him; or (b) has otherwise come to his attention; within two years from the date when the dispute or unfair labour practice first arose. (2) Subsection (1) shall not apply to an unfair labour practice which is continuing at the time it is Re-issue referred to or comes to the attention of a labour officer. (3) For the purpose of subsection (1), a dispute or unfair labour practice shall be deemed to have first arisen on the date when— (a) the acts or omissions forming the subject of the dispute or unfair labour practice first occurred; or (b) the party wishing to refer the dispute or unfair labour practice to the labour officer first became aware of the acts or omissions referred to in paragraph (a), if such party cannot reasonably be expected to have known of such acts or omissions at the date when they first occurred. 95 [Repealed] 96 [Repealed] 97 Appeals to Labour Court (1) Any person who is aggrieved by— (a) any determination or direction of the Minister in terms of section twenty-five, forty, fifty-one, seventy-nine or eighty-two, or in terms of any regulations made pursuant to section seventeen; (b) a determination made under an employment code in terms of section one hundred and one; or (c) the conduct of the investigation of a dispute or unfair labour practice by a labour officer; or (d) the conduct of any proceedings in terms of an employment code; may, within such time and in such manner as may be prescribed, appeal against such determination or conduct to the Labour Court. (2) An appeal in terms of subsection (1) may— (a) address the merits of the determination or decision appealed against; (b) seek a review of the determination or decision on any ground on which the High Court may review it; (c) address the merits of the determination appealed against and seek its review on a ground referred to in paragraph (b). (3) An appeal in terms of subsection (1) shall not have the effect of suspending the determination or decision appealed against. (4) Pending the determination of an appeal the Labour Court may make such interim determination in the matter as the justice of the case requires. 98 Effect of reference to compulsory arbitration under Parts XI and XII (1) In this section, “reference to compulsory arbitration”, in relation to a dispute, means a reference made in terms of paragraph (d) of subsection (1) of section eighty-nine or section ninety-three. (2) Subject to this section, the Arbitration Act [Chapter 7:15] shall apply to a dispute referred to compulsory arbitration. - 36 - 1st May 2003-