Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Food Retail, Restaurant, Catering and Allied TradesExtension to Non-parties of the Main Collective AgreementAnnexuresAnnexure G - Rules for Conciliation and Arbitrating Disputes in the Bargaining Council for the Food Retail, Restaurant, Catering and Allied TradesPart E: Rules that apply to Conciliations, Arbitrations and Con-Arbs24. How to join or substitute parties to proceedings |
| (1) | The Council or a Council commissioner may join any number of persons as parties' in proceedings, if the right to relief depends on substantially the same question 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 subrule (2)— |
| (a) | of the Council commissioner's own accord; |
| (b) | on application by a party; or |
| (c) | if a person entitled to join 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 in 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 subrules (2) and (5), a joinder or substitution in terms of this rule does not affect any steps already taken in the proceedings. |