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What triggers the Central Labour Relations Commission's duty to open mediation, and how soon must it do so?

General information · Not legal advice

Material to check

In a practice file, the papers to read are the notification the provision speaks of and anything showing when and how the Commission received it, since the duty attaches on receipt. The provision itself says nothing about papers accompanying the notification or about which parties and which dispute the mediation covers.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading treats the duty as automatic and mandatory: the Central Labour Relations Commission, once it has received the notification referred to in the preceding provision, is not free to choose whether to act — it 'shall commence mediation without delay', and the timing standard is simply that it act without delay.

Another reading notes that the provision fixes only the trigger and the speed, and nothing else. It does not say how the mediation is conducted, who may take part, what the mediation reaches, or how long 'without delay' is in calendar terms, and it leaves the Commission no duty at all where no such notification has been received.

Your judgment

If the Commission receives the notification but waits, how would the file show what period was reasonable before the delay became unreasonable?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the provision is amended to change the trigger or the timing standard, or if a decision interprets what counts as receipt of the notification or what 'without delay' requires in practice.

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