Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeRe-enactment and Amendment of Main Collective AgreementAnnexure A : Rules for Conciliating and Arbitrating Disputes in the Building Industry Bargaining Council (Rules)Part A : Serving and Filing Documents5. How to prove that a document was served in terms of the Rules |
| (1) | A part must prove to the Council that a document was served in terms of these Rules, by providing the Council or a council commissioner with the following: |
| (a) | A copy of proof of mailing the document by registered post to the other party; |
| (b) | a copy of the telegram or telex communicating the document to the other party; |
| (c) | a copy of the telefax transmission report indicating the successful transmission of the whole document to the other party; or |
| (d) | if a document was served by hand- |
| (i) | a copy of a receipt by, or on behalf of, the other party clearly indicating the name and designation of the recipient and the place, time and date of service; or |
| (ii) | a statement confirming service signed by the person who delivered a copy of the document to the other party or left it at any premises. |
| (2) | If proof of service in accordance with sub-rule (1) is provided, it is presumed, until the contrary is proved, that the party on whom it was served has knowledge of the contents of the document. |
| (3) | The Council may accept proof of service in a manner other than prescribed in this rule, as sufficient. |