Common use of POWERS OF DESIGNATED AGENTS Clause in Contracts

POWERS OF DESIGNATED AGENTS. (1) A designated agent who has been appointed to attempt to resolve a dispute or investigate any alleged contravention and for purposes of routine inspections to enforce compliance with this part of the Agreement in terms of clause 33 of this part of the Agreement or the Disputes Procedure in terms of clause 34 of this part of the Agreement may (a) subpoena for questioning any person who maybe able to give information or whose presence at the conciliation or arbitration proceedings may help to resolve the dispute; (b) subpoena any person who is believed to have possession or control of any book, document or object relevant to the resolution of the dispute, to appear before the designated agent or to be questioned or to produce that book, document or object; (c) administer an oath or accept affirmation from any person called to give evidence or be questioned; ' (d) at any reasonable time, but only after obtaining the necessary written authorisation (i) enter and inspect any premises on or in which any book, document or object relevant to the resolution of the dispute is to be found or is suspected on reasonable grounds to be there; (ii) examine, demand the production of, and seize any book, document or object that is on or in those premises and that is relevant to the resolution of the dispute; and (iii) take a statement in respect of any matter relevant to the resolution of the dispute from any person on the premises who is willing to make a statement; (e) inspect and retain for a reasonable period, any of the books, documents or objects that have been produced to, or seized by, the designated agent. (2) A subpoena issued for any purpose referred to in subclause (1) shall be signed by the Secretary of the Council and shall (a) specifically require the person named in it to appear before the designated agent; (b) sufficiently identify the book, document or object to be produced; and (c) state the date, time and place at which the person is to appear. (3) The written authorisation referred to in subclause (1) (d)- (a) if it relates to residential premises, may be given only by a judge of the Labour Court and with due regard to section 14 of the Constitution of the Republic of South Africa, 1996, and then only on the application of the designated agent setting out under oath or affirmation the following information- (i) the nature of the dispute; (ii) the relevance of any book, document or object to the resolution of the dispute; (iii) the presence of any book, document or object on the premises; and (iv) the need to enter, inspect or seize the book, document or object; (b) in all other cases, may be given by the Secretary of the Council. (4) The owner or occupier of any premises that the designated agent is authorised to enter and inspect, and every person employed by that owner or occupier, shall provide the facilities that a designated agent requires to enter those premises and to carry out the inspection or seizure. (5) The designed agent shall issue a receipt for any book, document or object seized in terms of subclause (4). (6) The law relating to privilege, as it applies to a witness subpoenaed to give evidence or to produce any book, document or object before a court of law, applies equally to the questioning of any person or the production or seizure of any book, document or object in terms of this clause. (7) The designated agent shall pay the prescribed witness fee to each person who appears before him in response to a subpoena issued in terms of section 208 of the Act, where such fee has been specified by the Minister of Labour or, in the absence of such fee, as may be determined by the Council from time to time. (8) A person commits contempt of the designated agent (a) if, after having been subpoenaed to appear before him, the person without good cause does not attend the time and place stated in the subpoena; (b) if, after having appeared in response to a subpoena, that person fails to remain in attendance until excused by the designated agent; (c) by refusing to take the oath or to make an affirmation as a witness when the designated agent so requires; (d) by refusing to answer any questions fully and to the best of that person's knowledge and belief subject to subclause (6); (e) if the person, without good cause, fails to produce the book, document or object specified in a subpoena to a designated agent; (f) if the person wilfully hinders the designated agent in performing any function conferred by or in terms of the Act; (g) if the person insults, disparages or belittles the designated agent, or prejudices or improperly influences an investigation or improperly anticipates the designated agent's recommendations; (h) by wilfully interrupting the conciliation or arbitration proceedings or misbehaving in any other manner during those proceedings; (i) by doing anything else in relation to the designated agent which, if done in relation to a court of law, would have been contempt of court. (9) The designed agent may, on, recommendation of the Council, refer any contempt to the Labour Court for an appropriate order.

POWERS OF DESIGNATED AGENTS. (1) A designated agent who has been appointed to attempt to resolve a dispute or investigate any alleged contravention and for purposes of routine inspections to enforce compliance with this part of the Agreement in terms of clause 33 27 of the Agreement or the Dispute Procedure in terms of clause 28 of this part of the Agreement or the Disputes Procedure in terms of clause 34 of this part of the Agreement maymay- (a) subpoena for questioning any person who maybe may be able to give information or whose presence at the conciliation or arbitration proceedings may help to resolve the dispute; (b) subpoena any person who is believed to have possession or control of any book, document or object relevant to the resolution of the dispute, to appear before the designated agent or to be questioned or to produce that book, document or object; (c) administer an oath or accept affirmation from any person called to give evidence or be questioned; '; (d) at any reasonable time, but only after obtaining the necessary written authorisationauthorization- (i) enter and inspect any premises on or in which any book, document or object relevant to the resolution of the dispute is to be found or is suspected on reasonable grounds to be thereof being found; (ii) examine, demand the production of, and seize any book, document or object that is on or in those premises and that is relevant to the resolution of the dispute; and (iii) take a statement in respect of any matter relevant to the resolution of the dispute from any person on the premises who is willing to make a statement; (e) inspect inspect, and retain for a reasonable period, any of the books, documents or objects that have been produced to, to or seized by, by the designated agent. (2) A subpoena issued for any purpose referred to in terms of subclause (1) shall be signed by the General Secretary of the Council or Regional Secretary of the Regional Chamber or the designated agent and shallshall- (a) specifically require the person named in it to appear before the designated agent; (b) sufficiently identify the book, document or object to be the produced; and (c) state the date, time and place at which the person is to appear. (3) The written authorisation referred to in subclause (1) (d)- (a) if it relates to residential premises, may be given only by a judge of the Labour Court and with due regard to section 14 of the Constitution of the Republic of South Africa, 1996, and then only on the application of by the designated agent setting out under oath or affirmation the following information- (i) the nature of the dispute; (ii) the relevance of any book, document or object to the resolution of the dispute; (iii) the presence of any book, document or object on the premises; and (iv) the need to enter, inspect or seize the book, document or object;; and (b) in all other cases, may be given by the General Secretary of the CouncilCouncil or Regional Secretary of the Regional Chamber. (4) The owner or occupier of any premises that the a designated agent is authorised to enter and inspect, and every person employed by that owner or occupier, occupier shall provide the any facilities that a designated agent requires to enter those premises and to carry out the inspection or seizure. (5) The designed designated agent shall issue a receipt for any book, document or object seized in terms of subclause (4). (6) The law relating to privilege, as it applies to a witness subpoenaed to give evidence or to produce any book, document or object before a court of law, applies shall apply equally to the questioning of any person or the production or seizure of any book, document or object in terms of this clause. (7) The designated agent shall pay the prescribed witness fee to each person who appears before him in response to a subpoena issued in terms of section 208 of the Act, where such fee has been specified by the Minister of Labour or, in the absence of such fee, as may be determined by the Council from time to time. (8) A person commits shall be guilty of contempt of the designated agentagent- (a) if, after having been subpoenaed to appear before him, the person without good cause does not attend at the time and place stated in the subpoena; (b) if, after having appeared in response to a subpoena, that person fails to remain in attendance until excused by the designated agent; (c) by refusing to take the oath or to make an affirmation as a witness when the a designated agent so requires; (d) by refusing to answer any questions question fully and to the best of that person's knowledge and belief belief, subject to subclause (6); (e) if the person, without good cause, fails to produce the book, document or object specified in a subpoena to a designated agent; (f) if the person wilfully hinders the a designated agent in performing any function conferred by or in terms of the Act; (g) if the person insults, disparages or belittles the a designated agent, or prejudices or improperly influences an investigation or improperly anticipates the designated agent's recommendations; (h) by wilfully interrupting the conciliation or arbitration proceedings or misbehaving in any other manner during those proceedings; (i) by doing anything else in relation to the designated agent which, if done in relation to a court of law, would have been contempt of court. (9) The designed designated agent may, on, on recommendation of the CouncilCouncil or Regional Chamber, refer any contempt to the Labour Court for an appropriate order.

POWERS OF DESIGNATED AGENTS. (1) A designated agent who has been appointed to attempt to resolve a dispute or investigate any alleged contravention and for purposes of routine inspections to enforce compliance with this part of the Agreement in terms of clause 33 of this part of the Agreement or the Disputes Procedure in terms of clause 34 of this part of the Agreement may (a) subpoena for questioning any person who maybe able to give information or whose presence at the conciliation or arbitration proceedings may help to resolve the dispute; (b) subpoena any person who is believed to have possession or control of any book, document or object relevant to the resolution of the dispute, to appear before the designated agent or to be questioned or to produce that book, document or object; (c) administer an oath or accept affirmation from any person called to give evidence or be questioned; ' (d) at any reasonable time, but only after obtaining the necessary written authorisation (i) enter and inspect any premises on or in which any book, document or object relevant to the resolution of the dispute is to be found or is suspected on reasonable grounds to be there; (ii) examine, demand the production of, and seize any book, document or object that is on or in those premises and that is relevant to the resolution of the dispute; and (iii) take a statement in respect of any matter relevant to the resolution of the dispute from any person on the premises who is willing to make a statement; (e) inspect and retain for a reasonable period, any of the books, documents or objects that have been produced to, or seized by, the designated agent. (2) A subpoena issued for any purpose referred to in subclause (1) shall be signed by the Secretary of the Council and shall (a) specifically require the person named in it to appear before the designated agent; (b) sufficiently identify the book, document or object to be produced; and (c) state the date, time and place at which the person is to appear. (3) The written authorisation referred to in subclause (1) (d)- (a) if it relates to residential premises, may be given only by a judge of the Labour Court and with due regard to section 14 of the Constitution of the Republic of South Africa, 1996, and then only on the application of the designated agent setting out under oath or affirmation the following information- (i) the nature of the dispute; (ii) the relevance of any book, document or object to the resolution of the dispute; (iii) the presence of any book, document or object on the premises; and (iv) the need to enter, inspect or seize the book, document or object; (b) in all other cases, may be given by the Secretary of the Council. (4) The owner or occupier of any premises that the designated agent is authorised to enter and inspect, and every person employed by that owner or occupier, shall provide the facilities that a designated agent requires to enter those premises and to carry out the inspection or seizure. (5) The designed agent shall issue a receipt for any book, document or object seized in terms of subclause (4). (6) The law relating to privilege, as it applies to a witness subpoenaed to give evidence or to produce any book, document or object before a court of law, applies equally to the questioning of any person or the production or seizure of any book, document or object in terms of this clause. (7) The designated agent shall pay the prescribed witness fee to each person who appears before him in response to a subpoena issued in terms of section 208 of the Act, where such fee has been specified by the Minister of Labour or, in the absence of such fee, as may be determined by the Council from time to time. (8) A person commits contempt of the designated agent (a) if, after having been subpoenaed to appear before him, the person without good cause does not attend the time and place stated in the subpoena; (b) if, after having appeared in response to a subpoena, that person fails to remain in attendance until excused by the designated agent; (c) by refusing to take the oath or to make an affirmation as a witness when the designated agent so requires; (d) by refusing to answer any questions fully and to the best of that person's knowledge and belief subject to subclause (6); (e) if the person, without good cause, fails to produce the book, document or object specified in a subpoena to a designated agent; (f) if the person wilfully hinders the designated agent in performing any function conferred by or in terms of the Act; (g) if the person insults, disparages or belittles the designated agent, or prejudices or improperly influences an investigation or improperly anticipates the designated agent's recommendations; (h) by wilfully interrupting the conciliation or arbitration proceedings or misbehaving in any other manner during those proceedings; (i) by doing anything else in relation to the designated agent which, if done in relation to a court of law, would have been contempt of court. (9) The designed agent may, on, recommendation of the Council, refer any contempt to the Labour Court for an appropriate order.

POWERS OF DESIGNATED AGENTS. (1) A designated agent who has been appointed to attempt to resolve a dispute or investigate any alleged contravention and for purposes of routine inspections to enforce compliance with this part of the Agreement in terms of clause 33 27 of the Agreement or the Dispute Procedure in terms of clause 28 of this part of the Agreement or the Disputes Procedure in terms of clause 34 of this part of the Agreement maymay- (a) subpoena for questioning any person who maybe may be able to give information or whose presence at the conciliation or arbitration proceedings may help to resolve the dispute; (b) subpoena any person who is believed to have possession or control of any book, document or object relevant to the resolution of the dispute, to appear before the designated agent or to be questioned or to produce that book, document or object; (c) administer an oath or accept affirmation from any person called to give evidence or be questioned; '; (d) at any reasonable time, but only after obtaining the necessary written authorisationtime- (i) enter and inspect any premises on or in which any book, document or object relevant to the resolution of the dispute is to be found or is suspected on reasonable grounds to be thereof being found; (ii) examine, demand the production of, and seize any book, document or object that is on or in those premises and that is relevant to the resolution of the dispute; and (iii) take a statement in respect of any matter relevant to the resolution of the dispute from any person on the premises who is willing to make a statement; (e) inspect inspect, and retain for a reasonable period, any of the books, documents or objects that have been produced to, to or seized by, by the designated agent. (2) A subpoena issued for any purpose referred to in terms of subclause (1) shall be signed by the General Secretary of the Council or Regional Secretary of the Regional Chamber or the designated agent and shallshall- (a) specifically require the person named in it to appear before the designated agent; (b) sufficiently identify the book, document or object to be the produced; and (c) state the date, time and place at which the person is to appear. (3) The written authorisation referred to in subclause (1) (d)- (a) if it relates to residential premises, may be given only by a judge of the Labour Court and with due regard to section 14 of the Constitution of the Republic of South Africa, 1996, and then only on the application of by the designated agent setting out under oath or affirmation the following information- (i) the nature of the dispute; (ii) the relevance of any book, document or object to the resolution of the dispute; (iii) the presence of any book, document or object on the premises; and (iv) the need to enter, inspect or seize the book, document or object;; and (b) in all other cases, may be given by the General Secretary of the CouncilCouncil or Regional Secretary of the Regional Chamber. (4) The owner or occupier of any premises that the a designated agent is authorised to enter and inspect, and every person employed by that owner or occupier, occupier shall provide the any facilities that a designated agent requires to enter those premises and to carry out the inspection or seizure. (5) The designed designated agent shall issue a receipt for any book, document or object seized in terms of subclause (4). (6) The law relating to privilege, as it applies to a witness subpoenaed to give evidence or to produce any book, document or object before a court of law, applies shall apply equally to the questioning of any person or the production or seizure of any book, document or object in terms of this clause. (7) The designated agent shall pay the prescribed witness fee to each person who appears before him in response to a subpoena issued in terms of section 208 of the Act, where such fee has been specified by the Minister of Labour or, in the absence of such fee, as may be determined by the Council from time to time. (8) A person commits shall be guilty of contempt of the designated agentagent- (a) if, after having been subpoenaed to appear before him, the person without good cause does not attend at the time and place stated in the subpoena; (b) if, after having appeared in response to a subpoena, that person fails to remain in attendance until excused by the designated agent; (c) by refusing to take the oath or to make an affirmation as a witness when the a designated agent so requires; (d) by refusing to answer any questions question fully and to the best of that person's knowledge and belief belief, subject to subclause (6); (e) if the person, without good cause, fails to produce the book, document or object specified in a subpoena to a designated agent; (f) if the person wilfully hinders the a designated agent in performing any function conferred by or in terms of the Act; (g) if the person insults, disparages or belittles the a designated agent, or prejudices or improperly influences an investigation or improperly anticipates the designated agent's recommendations; (h) by wilfully interrupting the conciliation or arbitration proceedings or misbehaving in any other manner during those proceedings; (i) by doing anything else in relation to the designated agent which, if done in relation to a court of law, would have been contempt of court. (9) The designed designated agent may, on, on recommendation of the CouncilCouncil or Regional Chamber, refer any contempt to the Labour Court for an appropriate order.

POWERS OF DESIGNATED AGENTS. (1) A designated agent who has been appointed by the Minister in terms of section 33 (1) of the Act to attempt to resolve a dispute or to investigate any alleged contravention and for purposes of routine inspections inspection to enforce compliance with this part of the Agreement in terms of clause 33 of this part of the Agreement or the Disputes Procedure in terms of clause 34 of this part of the Agreement maymay- (a) subpoena for questioning any person who maybe may be able to give information or whose presence at the conciliation or arbitration proceedings may help to resolve the dispute; (b) subpoena any person who is believed to have possession or control of any book, document or object relevant to the resolution of the dispute, dispute to appear before the designated agent or to be questioned or to produce that book, document or object; (c) administer an oath or accept affirmation from any person called to give evidence or be questioned; '; (d) at any reasonable time, but only after obtaining the necessary written authorisationauthorisation- (i) enter and inspect any premises on or in which any book, document or object relevant to the resolution of the dispute is to be found or is suspected on reasonable grounds to be of being there; (ii) examine, demand the and production of, and seize any book, document or object that is on or in those premises and that is relevant to the resolution of the dispute; and (iii) take a statement in respect of any matter relevant to the resolution of the dispute from any person on the premises who is willing to make a statement; (e) inspect inspect, and retain for a reasonable period, any of the books, documents or objects that have been produced to, or seized by, the designated agent. (2) A subpoena issued for any purpose referred to in subclause terms of sub clause (1) shall be signed by the Secretary of the Bargaining Council and shallshall- (a) specifically require the person named in it to appear before the designated agent; (b) sufficiently identify the book, document or object to be produced; and (c) state the date, time and place at which the person is to appear. (3) The written authorisation referred to in subclause sub clause (1) (d)- (a) if it relates to occupied residential premises, may be given only by a judge of the Labour Court and with due regard to section 14 of the Constitution of the Republic of South Africa, 1996, and then only on the application of the designated agent setting out under oath or affirmation the following information-information: (i) the The nature of the dispute; (ii) the relevance of any book, document or object to the resolution of the dispute; (iii) the presence of any book, document or object on the premises; and (iv) the need to enter, inspect or seize the book, document or object;; and (b) in all other cases, may be given by the Secretary of the Council. (4) The owner or occupier of any premises that the a designated agent is authorised to enter and inspect, and every person employed by that owner or occupier, shall provide the facilities that a designated agent requires to enter those premises and to carry out the inspection or seizure. (5) The designed agent appointed person shall issue a receipt for any book, document or object seized in terms of subclause sub clause (41). (6) The law relating to privilege, as it applies to a witness subpoenaed to give evidence or to produce any book, document or object before a court of law, applies equally to the questioning of any person or the production or seizure of any book, document or object in terms of this clause. (7) The designated agent appointed person shall pay the prescribed specified witness fee to each person who appears before him in response to a subpoena issued in terms of section 208 of the Act, where such fee has been specified by the Minister of Labour or, in the absence of such fee, as may be determined by the Council from time to timeissued. (8) A person commits shall be in contempt of the designated agentagent- (a) if, after having been subpoenaed to appear before him, the person without good cause does not attend at the time and place stated in the subpoena; (b) if, after having appeared in response to a subpoena, that person fails to remain in attendance until excused by the designated agent; (c) by refusing to take the oath or to make an affirmation as a witness when the a designated agent so requires; (d) by refusing to answer any questions question fully and to the best of that person's knowledge and belief belief, subject to subclause sub clause (6); (e) if the person, without good cause, fails to produce the book, document or object specified in a subpoena to a designated agent; (f) if the person wilfully hinders the a designated agent in performing any function conferred by or in terms of the Act; (g) if the person insults, disparages or belittles the a designated agent, or prejudices or improperly influences an investigation or improperly anticipates the designated agent's recommendations; (h) by wilfully interrupting the conciliation or arbitration proceedings or misbehaving in any other manner during those proceedings;an (i) by doing anything else in relation to the designated agent which, if done in relation to a court of law, would have been contempt of court. (9) The designed designated agent may, on, recommendation of the Council, may refer any contempt to the Labour Court for an appropriate order. (10) A designated agent may decline to investigate and follow up on a complaint made by an employee who reports the dispute to the Council more than 17 weeks after the dispute arose: Provided that the employer of the complainant shall be assessed for the full period of non-compliance including interest and penalties as prescribed in this Agreement. (11) A designated agent may decline to investigate and follow up on a complaint made by a trade union if the trade union has not attempted first to resolve the alleged dispute directly with the employer party to the alleged dispute.

POWERS OF DESIGNATED AGENTS. (‌ 1) A designated agent who has been appointed by the Minister in terms of section 33 (1) of the Act to attempt to resolve a dispute or to investigate any alleged contravention and for purposes of routine inspections inspection to enforce compliance with this part of the Agreement in terms of clause 33 of this part of the Agreement or the Disputes Procedure in terms of clause 34 of this part of the Agreement maymay- (a) subpoena for questioning any person who maybe may be able to give information or whose presence at the conciliation or arbitration proceedings may help to resolve the dispute; (b) subpoena any person who is believed to have possession or control of any book, document or object relevant to the resolution of the dispute, dispute to appear before the designated agent or to be questioned or to produce that book, document or object; (c) administer an oath or accept affirmation from any person called to give evidence or be questioned; '; (d) at any reasonable time, but only after obtaining the necessary written authorisationauthorisation- (i) enter and inspect any premises on or in which any book, document or object relevant to the resolution of the dispute is to be found or is suspected on reasonable grounds to be of being there; (ii) examine, demand the and production of, and seize any book, document or object that is on or in those premises and that is relevant to the resolution of the dispute; and (iii) take a statement in respect of any matter relevant to the resolution of the dispute from any person on the premises who is willing to make a statement; (e) inspect inspect, and retain for a reasonable period, any of the books, documents or objects that have been produced to, or seized by, the designated agent. (2) A subpoena issued for any purpose referred to in subclause terms of sub clause (1) shall be signed by the Secretary of the Bargaining Council and shallshall- (a) specifically require the person named in it to appear before the designated agent; (b) sufficiently identify the book, document or object to be produced; and (c) state the date, time and place at which the person is to appear. (3) The written authorisation referred to in subclause sub clause (1) (d)-1)(d)- (a) if it relates to occupied residential premises, may be given only by a judge of the Labour Court and with due regard to section 14 of the Constitution of the Republic of South Africa, 1996, and then only on the application of the designated agent setting out under oath or affirmation the following information-information: (i) the The nature of the dispute; (ii) the relevance of any book, document or object to the resolution of the dispute; (iii) the presence of any book, document or object on the premises; and (iv) the need to enter, inspect or seize the book, document or object;. (b) in all other cases, may be given by the Secretary of the Council. (4) The owner or occupier of any premises that the a designated agent is authorised to enter and inspect, and every person employed by that owner or occupier, shall provide the facilities that a designated agent requires to enter those premises and to carry out the inspection or seizure. (5) The designed agent appointed person shall issue a receipt for any book, document or object seized in terms of subclause sub clause (41). (6) The law relating to privilege, as it applies to a witness subpoenaed to give evidence or to produce any book, document or object before a court of law, applies equally to the questioning of any person or the production or seizure of any book, document or object in terms of this clause. (7) The designated agent appointed person shall pay the prescribed specified witness fee to each person who appears before him in response to a subpoena issued in terms of section 208 of the Act, where such fee has been specified by the Minister of Labour or, in the absence of such fee, as may be determined by the Council from time to timeissued. (8) A person commits shall be in contempt of the designated agentagent- (a) if, after having been subpoenaed to appear before him, the person without good cause does not attend at the time and place stated in the subpoena; (b) if, after having appeared in response to a subpoena, that person fails to remain in attendance until excused by the designated agent; (c) by refusing to take the oath or to make an affirmation as a witness when the a designated agent so requires; (d) by refusing to answer any questions question fully and to the best of that person's knowledge and belief belief, subject to subclause sub clause (6); (e) if the person, without good cause, fails to produce the book, document or object specified in a subpoena to a designated agent; (f) if the person wilfully hinders the a designated agent in performing any function conferred by or in terms of the Act; (g) if the person insults, disparages or belittles the a designated agent, or prejudices or improperly influences an investigation employee in the process of a designated agent carrying out his function as conferred by or improperly anticipates the designated agent's recommendations;in terms of this Agreement. (h) by wilfully interrupting the conciliation or arbitration proceedings or misbehaving in any other manner during investigation or improperly anticipates the designated agent's recommendations during those proceedings; (i) by doing anything else in relation to the designated agent which, if done in relation to a court of law, would have been contempt of court. (9) The designed designated agent may, on, recommendation of the Council, may refer any contempt to the Labour Court for an appropriate order. 10) A designated agent may decline to investigate and follow up on a complaint made by an employee who reports the dispute to the Council more than 17 weeks after the dispute arose: Provided that the employer of the complainant shall be assessed for the full period of non-compliance including interest and penalties as prescribed in this Agreement. 11) A designated agent may decline to investigate and follow up on a complaint made by a trade union if the trade union has not attempted first to resolve the alleged dispute directly with the employer party to the alleged dispute.