Policy on the Management of Diplomatic Immunities and Privileges ...

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DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION(e) Step 5: Protocol informs CCMA that the referral form had been servedProtocol shall provide the CCMA with a written confirmation that the referralnote had been properly delivered to the Head of the relevant Mission.(f) Step 6: Advisory Arbitration AwardAdvisoryArbitrationAwardUpon receipt of the response from the mission, the Department forwards theresponse to the CCMA who would evaluate statements of both parties and,should the CCMA determine that the LRP’s claim has merit, an advisoryarbitration award will be issued and the CCMA will approach the Departmentto request the Mission to take note of the award or alternatively to attend aconciliation/arbitration hearing.5.3 The CCMA resolves the dispute by way of conciliation and/ or arbitrationCCMAschedules ahearingThe CCMA will schedule the dispute for a hearing, as the case maybe. The service of all documents, including the necessarynotifications, relating to the dispute shall thereafter be served on theMission by way of registered post, facsimile transmission or electronicmail.Page 88 of 90
DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION5.4 The CCMA issues an award after having determined theDisputeApplication ofprocesses5.4.1 The following processes are followed subsequent to the CCMA havingevaluated the evidence and arguments and issuing an award:(a) Step 1: the CCMA issues an awardOnce the CCMA has conciliated or arbitrated the dispute, depending on thenature of the dispute, as the case may be, the presiding commissioner willissue an award.(b)Step 2: the CCMA forwards a copy of the award to ProtocolIf the commissioner has issued an award in favour of the complainant interms of which the Mission is required to comply therewith and performa positive act (e.g. reinstatement, payment of compensation, severance, etc.)then the CCMA shall forward a copy of the award to Protocol.(c) Step 3: Protocol forwards the award to the MissionProtocol shall forward a copy of the award under a Diplomatic Note to theMission with a request that the Mission should comply with the award,Page 89 of 90
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Policy on the Management of Diplomatic Immunities and Privileges ...

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