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 H : General

37. How to have a subpoena issued
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(1) Any party who requires the Council or a Council commissioner to subpoena a person in terms of section 142(1) of the Labour Relations Act, 1995 must file a completed subpoena form, requesting a subpoena together with a written substantiation setting out why the evidence of the person to be subpoenaed is necessary.

 

(2) A party requesting the Council to waive the requirement for the party to pay witness fees in terms of section 142(7)(c) must set out the reasons for the request in writing at the time of requesting the Council to issue a subpoena in respect of that witness.

 

(3) An application in terms of sub rule (1) must be filed with the Council at least 10 days before the arbitration hearing, or as directed by the Council commissioner hearing the arbitration.

 

(4) The Council or a Council commissioner may refuse to issue a subpoena if—
(a) the party does not establish why the evidence of the person is necessary;
(b) the party subpoenaed does not have a reasonable period in which to comply with the subpoena;
(c) the Council or a Council commissioner is not satisfied that the party has made arrangements to pay the witness fees and the reasonable travel costs of the person subpoenaed.

 

(5) A subpoena must—
(a) be served on the witness subpoenaed by the person who has requested the subpoena or by the sheriff, at least seven days before the scheduled date of the arbitration;
(b) if so directed by the Council, be accompanied by payment of the prescribed witness fees for one day in accordance with the tariff of allowances published by notice in the Gazette in terms of section 142(7) of the Act and the witnesses' reasonable travel costs.

 

(6) Sub rules 4(c) and 5(b) do not apply if the Council, in terms of section 142(7)(c), has waived the requirement for the party to pay witness fees.