Common use of Functions of the Board Clause in Contracts

Functions of the Board. 1. The functions of the Board shall be— (a) to receive appeals and all necessary documents and submissions relevant to the appeal from the N.E.C’s designated agent. (b) to ascertain that the Code of Conduct procedures have been complied with, and that no variation, deviation or misinterpretation has occurred or been perceived during the conduct of any disciplinary or grievance resolution proceedings; (c) to ascertain that any charge or allegations involving disciplinary action have been properly determined; (d) To ensure that at all times during the application of the Code the basic rules of natural justice and due process have been observed. 2. In the event that the Board determines that there has been: (a) breach of disciplinary procedure; (b) incorrect determination of a charge or allegation; or (c) any other violation of the Code that is deemed to be prejudicial to either the employer or the employee; Collective Bargaining Agreement: for the Textile Manufacturing Industry — the Board shall, in the discharge of its authority— (i) direct re-instatement or dismissal (as the case may be) of the employee affected thereby; or (ii) direct that the case be re-investigated; or (iii) order that the Code be complied within a fresh proceedings; or (iv) give any other directive which will ensure that justice between the parties has been done and fairness observed in the case 3. In the event of any party not being satisfied with the decision of the Board, the party may appeal to the Labour Court in terms of the Act. 4. The designated agent of the N.E.C shall be responsible for ensuring that there has been compliance with decisions made under the Code of Conduct. 5. If an employer fails or refuses to comply with a decision of the CCAB he shall be guilty of an unfair labour practice in terms of section 8(e) of the Labour Relations Act [Chapter 28:01] as amended.