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varied or repealed by a collective bargaining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
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