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

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension to Non-parties of the Main Consolidated Collective Agreement

Annexure A: Rules for Conciliating and Arbitrating disputes in the Building Industry Bargaining Council (Rules)

Part E: Rules that apply to Conciliations, Arbitrations and Con-Arbs

24. How to join or substitute parties to proceedings
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(1)The Council or a Council arbitrator may at any stage prior to the conclusion of an arbitration proceedings make a ruling joining any number of persons as parties to the proceedings if:
(a)the right of the referring party to relief depends on substantially the same question of law or fact, which, if a dispute were to be referred separately against the person sought to be joined, it would arise in a separate claim;
(b)the party to be joined has a substantial interest in the subject matter of the proceedings; or
(c)the party to be joined may be prejudicially affected by the outcome of the proceedings.

 

2)A Council arbitrator may make a ruling in terms of sub rule (1)—
(a)of the Council arbitrator's own accord;
(b)on application by a party; or
(c)if a person entitled to join the proceedings applies in terms of rule 30 at any time during the proceedings to intervene as a party.

 

(3)When making a ruling in terms of sub-rule (1), a presiding Council arbitrator may—
(a)give appropriate directions as to the further procedure in the proceedings; and
(b) make an order of costs in accordance with these Rules.

 

(4)If in any proceedings it becomes necessary to substitute a person for an existing party, any party to the proceedings may apply to the Council in terms of Rule 30 prior to the conclusion of the arbitration proceedings for an order substituting that person for an existing party, and a Council arbitrator may make such a ruling or give appropriate directions as to the further procedure of the proceedings.

 

(5)An application to join any person as a party to proceedings or to be substituted for an existing party must be accompanied by copies of all documents previously delivered, unless the person concerned ,or that person's representative is already in possession of the documents.

 

(6)A ruling for joinder or substitution in terms of this rule does not affect any steps already taken in the proceedings unless directed by the presiding Council arbitrator in such a ruling.