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 A: Serving and Filing Documents5. How to prove that a document was served in terms of these 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 commissioner— |
| (a) | with a copy of proof of mailing the document by registered post to the other party; |
| (b) | with a copy of the telegram or telex communicating the document to the other party; |
| (c) | with a copy of the telefax transmission report indicating the successful transmission to the other party of the whole document; |
| (d) | if a document was served by hand— |
| (i) | with a copy of a receipt signed 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) | with 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.- or |
| (e) | if a document was served by e-mail, with a copy of the sent e-mail indicating the successful dispatch to the other party of the e-mail and any attachments concerned. |
| (2) | If proof of service in accordance with subrule (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 these Rules, as sufficient. |