Labour Relations Act, 1995 (Act No. 66 of 1995)

Regulations

Essential Service Committee Regulations

Part B - Disputes and Referrals

13. Conduct of hearings in terms of section 73 or 75 of the Act

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(1)As soon as reasonably practical after receiving the referral application in terms of section 73 or 75 of the Act respectively, the Committee must notify the parties in writing of the place and time of the hearing. The place and time of the hearing must be determined with due regard to urgency.

 

(2) The Committee may decide that the dispute or application is capable of determination on the written representations and that it will hear oral evidence.

 

(3)!f the Committee decides that the matter is capable of determination on the written submissions before it, the Committee may hear argument from the parties and then make its determination.

 

(4)!f the Committee decides that it requires oral evidence, it must identify the issues on which it wishes to hear evidence and notify the parties of its decision in this regard at !east seven days before the hearing.

 

(5)Despite the provisions of sub-regulation (3), the Committee may during a hearing, direct that oral evidence be heard in which case the provision of sub-regulation (4) will apply.

 

(6)The provisions of regulation 7 apply if oral evidence is heard.

 

(7)If the Committee decides that a matter is urgent, the Committee may make an interim order in respect of the dispute or application pending a final determination.

 

(8) The Committee, when determining the matter is urgent, may give its decision to the parties as soon  as is practically possible; however, full reasons for the decision may be given at a later stage.