Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension of Main Amending Collective Agreement to Non-partiesAnnexure A : Rules for Conciliating and Arbitrating Disputes in the Building Industry Bargaining Council (Rules)Arrangement of RulesPart H : General39. Taxation of bills of cost |
| (1) | The basis on which a Council commissioner may make an order as to costs in any arbitration is regulated by section 138(10) of the Labour Relations Act, 1995. |
| (2) | The Secretary of the Council may appoint taxing officers to perform the functions of a taxing officer in terms of these Rules. |
| (3) | The taxing officer must tax any bill of costs for services in connection with proceedings in the Council, on Schedule A of the prescribed Magistrates' Courts tariff, in terms of the Magistrates' Courts Act, No. 32 of 1944, unless the parties have agreed to a different tariff. |
| (4) | At the taxation of any bill of costs, the taxing officer may call for any book, document, paper or account that in the taxing officer's opinion is necessary to properly determine any matter arising from the taxation. |
| (5) | Any person requesting a taxation must complete a referral form requesting taxation and must satisfy the taxing officer— |
| (a) | of that party's entitlement to be present at the taxation; and |
| (b) | that the party liable to pay the bill has received notice of the date, time and place of the taxation. |
| (6) | Notwithstanding sub rule (4), notice need not be given to a party— |
| (a) | who failed to appear or to be represented at the hearing; or |
| (b) | who consented in writing to the taxation taking place in that party's absence. |
| (7) | Any decision by a taxing officer is subject to review by the Labour Court. |