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 A: Serving and Filing Documents

2. How to calculate time periods
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(1)For the purpose of calculating any period of time in terms of these Rules—

 

(a)day means any day of the week including Saturdays, Sundays and public holidays, but excludes the days from the 16th of December to the 7th of January, both days inclusive.

 

(b)the first day is excluded and the last day is included, subject to sub rule (2). The last day of any period musts be excluded if it falls on a Saturday, Sunday, public holiday or any day between 16 December and 7 January. 1

 

Example 1

 

Rule 7 below refers to 7 (seven) days after the document was posted. If the document was posted on a Friday then the 7 (seven) days would include the Saturday and Sunday and would be presumed to have been received on the next Friday.

 

Example 2

 

Rule 7 below refers to 7 (seven) days after the document was posted. If the date of postage was on a Friday, the 12th of December, the first 3 (three) days would be counted (the days before the 16th being the 13th, 14th and 15th) and final 4 (four) days would be counted from 8th of January (being the 8th, 9th, 10th and 11th). In other words the period would run from the 12th of December to the 11th of January.

 

Example 3

 

Rule 10 below refers to a 14 days' notice period for conciliation. If the notice was faxed on Thursday, 10 October, the conciliation may be scheduled on Friday, 25 October or any day thereafter. It must be 14 clear calendar days.

 

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1 This Rule is not applicable to timelines regulated by the Labour Relations Act, Employment Equity Act and/or the Basic Conditions of Employment Act, which timelines shall be governed by the provisions of the relevant legislation, alternatively, the Interpretation Act.