Labour Relations Act, 1995 (Act No. 66 of 1995)Commission for Conciliation, Mediation and ArbitrationRules for the Conduct of Proceedings before the CCMA, 2023Part Six: Applications31. How to bring an application |
| (1) | This Rule applies to any application, including but not limited to— |
| (a) | condonation, joinder, substitution, variation, rescission, postponement and disclosure of documents; |
| (b) | application in a jurisdictional dispute; and |
| (c) | other preliminary or interlocutory application. |
| (2) | Subject to Rule 32, an application must be brought at least fourteen (14) days prior to the date of the hearing on notice to all persons who have an interest in the application. |
| (3) | The party bringing the application must sign the notice of application in accordance with Rule 4 and must state— |
| (a) | the title of the matter; |
| (b) | the case number assigned to the matter by the Commission, if available; |
| (c) | the relief sought; |
| (d) | the address at which the party delivering the document will accept delivery of all documents in the proceedings; |
| (e) | that any party that intends to oppose the matter must deliver a notice of opposition and answering written statement or affidavit within five (5) 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); and |
| (g) | that a schedule is included listing the documents that are material and relevant to the application. |
| (4) | The application must be supported by a written statement or affidavit. The written statement or affidavit 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 arises 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 9; 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. |
(5)
| (a) | Any party opposing the application may deliver a notice of opposition and an answering written statement or affidavit within five (5) days from the day on which the application was served on that party. |
| (b) | A notice of opposition and an answering written statement or affidavit must contain, with the changes required by the context, the information required by sub-rules (3) and (4) respectively. |
(6)
| (a) | The party initiating the proceedings may deliver a replying written statement or affidavit within three (3) days from the day on which any notice of opposition and answering written statement or affidavit are served on it. |
| (b) | The replying written statement or affidavit must address only issues raised in the answering written statement or affidavit and may not introduce new issues of fact or law. |
| (7) | In an urgent application, the Commission or a commissioner— |
| (a) | may dispense with the requirements of this Rule; and |
| (b) | may only grant an order against a party that has had reasonable notice of the application. |
| (8) | Applications may be set down for a hearing or determined on the papers. |
| (9) | Where the application is set down for a hearing, the Commission must allocate a date for the hearing once a replying written statement or affidavit is delivered, or once the time limit for delivering a replying written statement or affidavit has lapsed, whichever occurs first. The Commission must notify the parties of the date, time and place of the hearing of the application. |
| (10) | Despite this Rule, the Commission or a commissioner may determine an application in any manner it deems fit, provided that the Commission or the commissioner informs the parties of how the process will be conducted and gives the parties an opportunity to be heard. |