Commentary on Sections Section 9: Conciliation after bringing of proceedings
40.Article 20(2A) of the Industrial Tribunals Order requires that, where industrial 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. Article 21(2) 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requires that any such rules must also provide for notification to the parties that conciliation services may be withdrawn after the fixed period has ended.
41.Section 9  repeals the above provisions, with the effect that the LRA’s duty to offer conciliation during tribunal proceedings is no longer time limited.