OWNER-DRIVERS (CONTRACTS AND DISPUTES) ACT 2007 - SECT 47

OWNER-DRIVERS (CONTRACTS AND DISPUTES) ACT 2007 - SECT 47

47 .         Determination of dispute where no resolution by conciliation

        (1)         The Tribunal may hear and determine a dispute for the purposes of section 38(1)(a) and enquire into and deal with a matter for the purposes of section 38(1)(b) if the dispute or matter is not —

            (a)         resolved by conciliation under section 44; or

            (b)         disposed of by the Tribunal making a summary determination under section 38A; or

            (c)         disposed of by the Tribunal making a default determination under section 38B.

        [(2)         deleted]

        (3)         In making a determination mentioned in subsection (1), the Tribunal must endeavour to ensure that the dispute or matter is resolved —

            (a)         taking into account any agreement reached by the parties on any particular issue; and

            (b)         subject to paragraph (a), on terms that could reasonably have been agreed between the parties in the first instance or by conciliation.

        [(4), (5)         deleted]

        [Section 47 amended: No. 36 of 2022 s. 25.]