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 A : Serving and Filing Documents5. How to prove that a document was served in terms of the Rules |
| (1) | A party 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; |
| (d) | an electronic mail tracking report; or |
| (e) | 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. |