Labour Relations Act, 1995 (Act No. 66 of 1995)RegulationsEssential Service Committee RegulationsPart B - Disputes and Referrals9. Disputes about whether a service is an essential service |
| (1) | any party who alleges that a dispute as contemplated by section 73(1)(a) or (b) of the Act exists may refer the dispute to submitted Form "LR4.2" (or a form as prescribed by the Committee) together with an affidavit or submissions setting out the evidence and legal submissions on which it relies. |
| (2) | If the applicant in a dispute relating to section 73 of the Act alleges that the referral must be heard as soon as possible, the applicant must state in its submissions the grounds of urgency in sufficient detail for the Committee to make a determination on the issue of urgency. |
| (3) | The Committee may require the parties to submit any further information relevant to the dispute or application in writing within such a period as the Committee may determine, including argument on any legal issue raised by the dispute. |
| (4) | The Committee may request the parties to the dispute to attend a pre-hearing conference in order to expedite the hearing of the matter. In the case of an urgent matter, the Committee may give any directive regarding a pre-hearing conference, including a directive that a pre-hearing conference not be held due to the urgency of the matter. |
| (5) | 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 |
| (6) | 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. |