Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension to Non-parties of the Main Consolidated Collective AgreementAnnexure A: Rules for Conciliating and Arbitrating disputes in the Building Industry Bargaining Council (Rules)Part A: Serving and Filing Documents4. How to serve documents on other parties |
| (1) | A party must serve a document on the other parties to a dispute— |
| (a) | by handing a copy of the document to— |
| (i) | the person if that person is a party to the dispute; |
| (ii) | a person authorised in writing to accept service on behalf of the party to the dispute; |
| (iii) | a person who appears to be at least 16 years old and in charge of the party's place of residence, business or employment; |
| (iv) | a person identified in sub-rule (2); or |
| (b) | by leaving a copy of the document at— |
| (i) | an address chosen by the person to receive service; or |
| (ii) | any premises in accordance with sub-rule (3); |
| (c) | by e-mailing, faxing or telefaxing a copy of the document to that party's e-mail address or fax number that was chosen by that party to receive service; or |
| (d) | by sending a copy of the document by registered post to the last-known address of the party or to an address chosen by the party to receive service. |
| (2) | A document may also be served— |
| (a) | on a company or other body corporate by handing a copy of the document to a responsible employee of the company or body at its registered office, its principal place of business within the Republic or its main place of business within the magisterial district in which the dispute first arose; |
| (b) | on an employer by handing a copy of the document to a responsible employee of the employer at the workplace where the employees involved in the dispute ordinarily work or worked; |
| (c) | on a trade union or employers' organisation by handing a copy of the document to a responsible employee or official at the main office of the union or employers' organisation or its office in the magisterial district in which the dispute arose; |
| (d) | on a partnership, firm or association by handing a copy of the document to a responsible employee or official at the place of business of the partnership, firm or association or, if it has no place of business, by serving a copy of the document on a partner, the owner of the firm or the chairman or secretary of the managing or other controlling body of the association,as the case may be; |
| (e) | on a municipality. by serving a copy of the document on the municipal manager or any person acting on behalf of that person; |
| (f) | on a statutory body, by handing a copy to the secretary or similar officer or member of the board or committee of that body, or any person acting on behalf of that body; or |
| (g) | on the State or a province, a state department or a provincial department, a minister, premier or a member of the executive committee of a province by handing a copy to a responsible employee at the head office of the party or to a responsible employee at any office of the State Attorney. |
| (3) | If no person identified in sub-rule (2) is willing to accept service, service may be effected by affixing a copy of the document to— |
| (a) | the main door of the premises concerned; or |
| (b) | if this is not accessible, a post-box or other place to which the public has access. |
| (4) | The Council or an arbitrator may order service in a manner other than prescribed in this Rule. |
| (5) | The Council may provide notice of a conciliation or arbitration or any other proceedings before it, by the same means as listed in this rule or by means of a short message service. |