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Employment Equity Act 1990  061
Commenced: 1 Oct 1990
III: Pay Equity
Pay Equity Claims
57   Reference of claim to Arbitration Commission




   57. Reference of claim to Arbitration Commission---(1) Where a pay
 equity claim made in accordance with section 56 of this Act is not
 settled within 60 days of the making of that claim, either party may
 give the other party written notice that it intends to refer the pay
 equity claim to the Arbitration Commission for determination by way of
 final offer arbitration.

   (2) Where 7 days have elapsed from the date of service of the written
 notice under subsection (1) of this section, the party who gave that
 notice may refer the pay equity claim to the Arbitration Commission at
 any time.

   (3) Where a party refers a pay equity claim to the Arbitration
 Commission under subsection (2) of this section, that party shall set
 out in writing the details of that party's claim and shall supply a copy
 of those details to both the Arbitration Commission and the other party.

   (4) The details shall include full particulars of the final offer
 being made by the party in respect of the pay equity claim.

   (5) Neither the giving of a notice under subsection (1) of this
 section in relation to a pay equity claim nor the reference of a pay
 equity claim to the Arbitration Commission shall prevent the parties
 from continuing to negotiate over the pay equity claim or from settling
 it.

   (6) The reference of a pay equity claim to the Arbitration Commission
 shall not prevent the application of the Labour Relations Act 1987 in
 relation to the negotiation, settlement, and registration of an award or
 agreement in settlement of other claims.
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