Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension of Main Amending Collective Agreement to Non-parties

Annexure A : Rules for Conciliating and Arbitrating Disputes in the Building Industry Bargaining Council (Rules)

Arrangement of Rules

Part E : Rules that apply to Conciliations, Arbitrations and Con-Arbs

24. How to join or substitute parties to proceedings
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(1) The Council or a Council commissioner may join any number of persons as parties in proceedings if their right to relief depends on substantially the same questions of law or fact.

 

(2) A Council commissioner may make an order joining any person as a party in the proceedings if the party to be joined has a substantial interest in the subject matter of the proceedings.

 

(3) A Council commissioner may make an order in terms of sub rule (2)—
(a) of the Council commissioner's own accord;
(b) on application by a party; or
(c) if a person entitled to on the proceedings applies at any time during the proceedings to intervene as a party,

 

(4) An application in terms of this rule must be made in terms of rule 30.

 

(5) if in any proceedings it becomes necessary to substitute a person for an existing party, any party to the proceedings may apply to the Council for an order substituting that person for an existing party, and a Council commissioner may make such order or give appropriate directions as to the further procedure of the proceedings.

 

(6) An application to join any person as a party to proceedings or to be substituted for an existing party must be accompanied by copies of all documents previously delivered, unless the person concerned or that person's representative is already in possession of the documents.

 

(7) Subject, to any order made in terms of sub rules (2) and (5), a joinder or substitution in terms of this rule does not affect any steps already taken in the proceedings.