parties may adopt the conditions of the undertaking for the purposes of resolving the dispute.

            (3)   If the parties to the dispute cannot or otherwise fail to reach an agreement, and no relevant undertaking has been registered, or if one of the parties to the dispute does not wish to adopt the conditions of the undertaking, the parties may seek resolution of the dispute by the Commission, if this Act or its subsidiary legislation expressly provides for such resolution.


83.    A party to a dispute may, in writing, notify the Commission of the dispute.


84.   Subject to section 83, the Commission may only resolve a dispute under this Chapter if it is notified in writing of the dispute.


85.   The Commission may publish guidelines setting out the principles and procedures which it may take into account in resolving disputes or a class of disputes under this Chapter.


86.   (1)   Upon receipt of the notification of the dispute referred to in section 83, the Commission shall, as soon as practicable, convene to decide the dispute.

         (2)   The Commission shall be bound under subsection (1) to convene to decide a dispute if it satisfied that -----

                 (a)   an agreement will not be reached, or will not be reached within a 
                         reasonable time;

                 (b)   the notification of the dispute is not trivial, frivolous or vexatious; 
                         and

                 (c)   the resolution of the dispute would promote the objects of this 
                         Act.

         (3)   Subject to the objects of this Act and any guidelines issued by the Commission under this Chapter, the Commission may resolve upon such terms and conditions as it may deem fit.         

 

 

 

 

 

 


Notification of a dispute.


Commission to act only upon notification.

Commission may publish guidelines.

 

Commission to decide notified dispute. 

               

mukasurat 57