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DISPUTE RESOLUTION PROCESS: INDIVIDUAL WORKPLACE and CANE FARMER AGREEMENT 1 Application This dispute resolution process shall apply to all disputes arising out of or in connection with 1) the employment of the Employee, including disputes arising out of or in connection with any legislation or other statutory instrument applicable to the employment relationship. ) The registration of a !ane Farmer and all compliance matters go"erned by the #ugar !ane Farmers $%ncorporation and !ess) Act &rocedure The parties shall follow the dispute resolution procedure set out below' #tep 1 The parties to the dispute shall genuinely attempt to resol"e the dispute at a (or)place in instance $1) and at the *ocal Association le"el in instance $ ) through discussion and negotiation. #tep %f a dispute is not resol"ed at the wor)place+local association le"el within 1, days, the dispute shall be referred for facilitati"e dispute resolution and if that process is unsuccessful, determination by arbitration. - !onducting the Alternati"e Dispute Resolution $a) The alternati"e dispute resolution process shall be conducted by a person $or persons) who is accredited by the .amaica Dispute Resolution Foundation agreed between the parties in dispute on the matter. $b) %f the parties do not agree on a person to conduct the process, then the process shall be conducted by the person nominated by either the &resident of %A/A or the &resident of %A/A0s delegate). $c) 1nless the parties to the dispute agree otherwise, the dispute resolution process shall be conducted in accordance with the %A/A (or)place Dispute ADR Rules. $d) The parties will participate in good faith in the dispute resolution process and shall comply with any directions made by the person conducting the process. , &rohibition on !onduct of Alternati"e Dispute Resolution

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An employee or employer must not see) the appointment of a person to conduct an alternati"e dispute resolution process in relation to a dispute if the matter is the sub2ect of proceedings or has already been settled as a result of proceedings, whether before a court or another body, under a law of the !ommonwealth or of a #tate or Territory relating to the pre"ention of discrimination or to e3ual opportunity. 4 !onduct during a dispute An employee who is a party to a dispute must, while the dispute is being resol"ed'

continue to wor) in accordance with his or her contract of employment, unless the employee has a reasonable concern about an imminent ris) to his or her health or safety5 and comply with any reasonable direction gi"en by his or her employer to perform other a"ailable wor), either at the same wor)place or at another wor)place.

%n directing an employee to perform other a"ailable wor), the employer must ha"e regard to'

the pro"isions $if any) of the laws of .amaica dealing with occupational health and safety that apply to that employee or that other wor)5 and whether that wor) is appropriate for the employee to perform.

A !ane Farmer0s registration would continue to be in effect until the dispute is resol"ed or until sanctions are imposed. (here a cane farmer0s practices are detrimental to the local and or parent association, all such practices will be suspended until the DR process is complete. 6 Representation A party to the alternati"e dispute resolution process may be represented in the process. The person conducting the dispute resolution process may set reasonable limits on the conduct of the representati"e in relation to the process. 7 !osts $a) 8 Each party will bear their own costs of and incidental to the dispute resolution process. !onfidentiality

All information disclosed during the dispute resolution process shall be )ept pri"ate and confidential e9cept' $a) if disclosure is compelled by law5

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$b) to the e9tent necessary to gi"e effect to this (or)place Agreement or to enforce any agreement to settle or resol"e the whole or any part of the Dispute or any award made5 and where disclosure is only of the occurrence of the Dispute Resolution &rocess $and not any communication during the said &rocess), and the occurrence of the &rocess is rele"ant to subse3uent arbitral or 2udicial proceedings relating to the Dispute. $c)

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