Commentary on Sections Section 13: Conciliation after bringing of proceedings
50.Section 13  repeals paragraph (1A) of Article 88 of the Fair Employment and Treatment Order. Paragraph (1A) requires that, where Fair Employment Tribunal rules provide for the postponement of hearings for a fixed period, to allow an opportunity for conciliation and settlement, the LRA’s duty to offer conciliation continues during the fixed period but thereafter becomes a discretionary power. Paragraph (1A) further requires that any such rules must also provide for notification to the parties that conciliation services may be withdrawn after the fixed period has ended.
51.The provisions in this section correspond to those in section 9; their effect is that the LRA’s duty to offer conciliation during Fair Employment Tribunal proceedings is no longer time limited.