LABOUR ACT [Chapter 28:01] (as amended) EXTRACT FROM LABOUR RELATIONS AMENDMENT ACT, 2002 (No. 17 of 2002) 47 Savings and transitional provisions circulars governing the creation or abolition of posts or grades in the Public Service, the appointment of persons to such posts or grades and the discipline of members of the Public Service. (4) Nothing contained in this Act or the Labour Act [Chapter 28:01] shall be construed to affect the application or operation of the following Acts— (a) the Pensions and Other Benefits Act [Chapter 16:02]; (b) the Pensions (Increases and Adjustments) Act [Chapter 16:02]; (c) the Pensions Review Act [Chapter 16:03]; (d) the State Service (Disability Benefits) Act [Chapter 16:05]. (5) Any proceedings that were commenced in terms of Part XII of the principal Act before the date of commencement of the Labour Relations Amendment Act, 2002, or were pending before the Labour Relations Tribunal on that date, shall be deemed to have been commenced in terms of the appropriate provisions of the principal Act as amended by the Labour Relations Amendment Act, 2002, and shall be proceeded with accordingly. (6) A person who, at the date of commencement of this Act, was a member of the Labour Relations Tribunal appointed in terms of the principal Act shall, after such date, be deemed to be a duly appointed President of the Labour Court notwithstanding anything contained in the principal Act. (1) Any regulations governing the negotiation of terms and conditions of service by or on behalf of members of the Public Service which, immediately before the date of commencement of this Act, were in force under the Public Service Act [Chapter 16:04] shall continue in force until an employment council for the Public Service is registered in terms of section 59 of the principal Act, and, until such employment council is registered, any council established for the negotiation of such terms and conditions immediately before the date of commencement of this Act under the Public Service Act [Chapter 16:04] shall be deemed to be an employment council for the purposes of the principal Act. (2) Any regulations and circulars governing the terms and conditions of service of members of the Public Service which, immediately before the date of commencement of this Act, were in force under the Public Service Act [Chapter 16:04] shall continue in force until amended, varied or repealed by a collective bargaining agreement, and in the event of any inconsistency between such regulations and circulars and any law governing the terms and conditions of employees generally, the former shall prevail. (3) Subsection (2) shall not be construed so as to compromise the exclusive responsibility of the Public Service Commission under the Constitution and the Public Service Act [Chapter 16:04] for the making of regulations and Re-issue - 53 - 1st May 2003-

Select target paragraph3

Add to table of contents