| 31. | How to bring an application |
| (1) | This Rule applies to any— |
| (a) | application for condonation, joinder, substitution, variation, rescission, or postponement; |
| (b) | application in a jurisdictional dispute; and |
| (c) | other preliminary or interlocutory application. |
| (2) | Subject to Rule 32, an application must be brought at least fourteen (14) days prior to the date of the hearing on notice to all persons who have an interest in the application. |
| (3) | The party bringing the application must sign the notice of application in accordance with Rule 4 and must state— |
| (a) | the title of the matter; |
| (b) | the case number assigned to the matter by the Council, if available; |
| (d) | the address at which the party delivering the document will accept delivery of all documents in the proceedings; |
| (e) | that any party that intends to oppose the matter must deliver a notice of opposition and answering affidavit within five (5) days after the application has been delivered to it; |
| (f) | that the application may be heard in the absence of a party that does not comply with subparagraph (e); and |
| (g) | that a schedule is included listing the documents that are material and relevant to the application. |
| (4) | The application must be supported by an affidavit. The affidavit must clearly and concisely set out— |
| (a) | the names, description and addresses of the parties; |
| (b) | a statement of the material facts, in chronological order, on which the application is based, in sufficient detail to enable any person opposing the application to reply to the facts; |
| (c) | a statement of legal issues that arises from the material facts, in sufficient detail to enable any party to reply to the document; |
| (d) | if the application is filed outside the relevant time period, grounds for condonation in accordance with Rule 9; and |
| (e) | if the application is brought urgently, the circumstances why the matter is urgent and the reasons why it cannot be dealt with in accordance with the time frames prescribed in these Rules. |
(5)
| (a) | Any party opposing the application may deliver a notice of opposition and an answering affidavit within five (5) days from the day on which the application was served on that party. |
| (b) | A notice of opposition and an answering affidavit must contain, with the changes required by the context, the information required by sub-rules (3) and (4) respectively. |
(6)
| (a) | The party initiating the proceedings may deliver a replying affidavit within three (3) days from the day on which any notice of opposition and answering affidavit are served on it. |
| (b) | The replying affidavit must address only issues raised in the answering affidavit and may not introduce new issues of fact or law. |
| (7) | A commissioner may permit the affidavits referred to in this Rule to be substituted by a written statement. |
| (8) | In an urgent application, the Council or a commissioner— |
| (a) | may dispense with the requirements of this Rule; and |
| (b) | may only grant an order against a party that has had reasonable notice of the application. |
(9)
| (a) | The Council must allocate a date for the hearing of the application once a replying affidavit is delivered, or once the time limit for delivering a replying affidavit has lapsed, whichever occurs first. |
| (b) | The Council must notify the parties of the date, time and place of the hearing of the application. |
| (c) | Applications may be heard on a motion roll. |
| (10) | Despite this Rule, the Council or a commissioner may determine an application in any manner it deems fit, provided that the Council or the commissioner informs the parties of how the process will be conducted and gives the parties an opportunity to be heard. |
| 31A. | How to apply for Picketing Rules or the determination of disputes relating thereto (NOT APPLICABLE TO NBCPSS) |
| 31B. | How to apply for the enforcement of Written Undertakings and/or Compliance orders (NOT APPLICABLE TO NBCPSS) |
| 32. | How to apply to vary or rescind arbitration awards or rulings |
An application for the variation or rescission of an arbitration award or ruling must be made within fourteen (14) days of the date on which the applicant became aware of the arbitration award or ruling.
| 33. | How to apply to refer a dismissal dispute to the Labour Court |
| (1) | An application in terms of Section 191(6) of the Act to refer a matter to the Labour Court, must be delivered— |
| (a) | within ninety (90) days of a certificate that the dispute has not been resolved being issued; or |
| (b) | by a party that has not requested arbitration, within fourteen (14) days of the referral for arbitration being filed. |
| (2) | Despite sub-rule (1), a party that requests arbitration may not thereafter make an application in terms of Section 191(6). |
| (3) | The application must state the grounds on which a party relies in requesting that the dispute be referred to the Labour Court. |
| (4) | If any party to the dispute objects to the matter being referred to the Labour Court, that party must state the grounds for the objection within seven (7) days of receipt of the application. |
| (5) | The Council must notify the parties of its decision in terms of Section 191(8) within fourteen (14) days of receiving the objection. |
| (6) | In the event that the request has been granted, the party who applied for the referral by the director must refer the matter to the Labour Court in line with rule 11 of the Labour Court rules. |
