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 F: Applications30. How to bring an application |
| (1) | An application must be brought on notice to all persons who have an interest in the application. |
| (2) | The party bringing the application must sign the notice of application and must state— |
| (a) | the title of the matter; |
| (b) | the case number assigned to the matter by the Council; |
| (c) | the relief sought; |
| (d) | the address at which the party delivering the document will accept delivery of all documents and proceedings; |
| (e) | that any party that intends to oppose the matter must deliver a notice of opposition and answering affidavit within 14 days after the application has been delivered to it; |
| (f) | that the application may be heard in the absence of a party that does not comply with subparagraph (e); |
| (g) | a schedule listing the documents that are material and relevant to the application. |
| (3) | The application must be supported by an affidavit that must clearly and concisely set out— |
| (a) | the names, description and addresses of the parties; |
| (b) | a statement of the material facts, in chronological order, on which the application is based, in sufficient detail to enable any person opposing the application to reply to the facts; |
| (c) | a statement of legal issues that arise from the material facts, in sufficient detail to enable any party to reply to the document; |
| (d) | if the application is filed outside the relevant time period, grounds for condonation in accordance with rule 8; and |
| (e) | if the application is brought urgently, the circumstances why the matter is urgent and the reasons why it cannot be dealt with in accordance with the time frames prescribed in these Rules. |
(4)
| (a) | Any party opposing the application may deliver a notice of opposition and an answering affidavit within 14 days from the day on which the application was served on that party. |
| (b) | A notice of opposition and an answering affidavit must contain, with the changes required by the context, the information required by subrules (2) and (3), respectively. |
(5)
| (a) | The party initiating the proceedings may deliver a replying affidavit within seven days from the day on which any notice of opposition and answering affidavit are served on it; |
| (b) | The replying affidavit must address only issues raised in the answering affidavit and may not introduce new issues of fact or law. |
| (6) | A Council commissioner may permit the affidavits referred to in this rule to be substituted by a written statement. |
| (7) | In an urgent application, the Council or a Council commissioner may— |
| (a) | dispense with the requirements of this rule; and |
| (b) | grant an order only against a party that has had reasonable notice of the application. |
(8)
| (a) | The Council may allocate a date for a hearing of the application once a replying affidavit has been delivered, or once the time limit for delivering a replying affidavit has lapsed, whichever occurs first. |
| (b) | The Council must notify the parties of the date, time and place of the hearing of the application. |
| (c) | Applications may be heard on a motion roll on a day determined by the Council. |
| (9) | Notwithstanding this rule, the Council or a Council commissioner may determine an application in any manner it deems fit. |