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 Documents5. How to prove that a document was served in terms of the Rules |
| (1) | A party must prove to the Council or a Council arbitrator that a document was served in terms of these Rules, by providing the Council or a Council arbitrator with the following: |
| (a) | a copy of proof of mailing the document by registered post to the other party; |
| (b) | a copy of the telegram or telex communicating the document to the other party; |
| (c) | a copy of the telefax transmission report indicating the successful transmission of the whole document to the other party; |
| (d) | if a document was served by e-mail, with a copy of the sent e-mail indicating the successful dispatch to the other party of the e-mail and any attachments concerned;or |
| (e) | if a document was served by hand— |
| (i) | with a copy of a receipt signed by, or on behalf of, the other party clearly indicating the name and designation of the recipient and the place, date and time of service; or |
| (ii) | with a statement confirming service signed by the person who delivered a copy of the document to the other party or left it at any premises. |
| (f) | If proof of service in accordance with sub rule (1) is provided, it is presumed, until the contrary is proved, that the party on whom it was served has knowledge of the contents of the document. |
| (g) | The Council may accept proof of service in a manner other than prescribed in this rule, as sufficient. |