Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Civil Engineering IndustryBCCEI: Dispute Resolution Collective AgreementExtension of Dispute Resolution Collective Agreement to Non-partiesAnnexuresAnnexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)Chapter Five : Rules that apply to conciliations, arbitrations and other proceedings24. Condonation for late filing of documents |
| (1) | This Rule applies to all referral documents, applications and all other documents which are delivered outside of the applicable time period prescribed in the Act or any other employment law or these Rules. |
| (2) | Condonation must be applied for in accordance with Rule 35 when a document is filed late with the Council or as soon as the party who has filed a document becomes aware that the document was filed late. |
| (3) | An application for condonation must set out the grounds on which condonation is sought and must include details of at least the following: |
| (a) | the degree of lateness; |
| (b) | the reasons for the lateness; |
| (c) | the referring parties' prospects of succeeding with the referral and obtaining the relief sought against the other party; |
| (d) | any prejudice to the other party; and |
| (e) | any other relevant factors. |
| (4) | The commissioner appointed by the Council for this purpose may condone, on good cause shown, any failure to comply with any time period provided for in the Act, any employment law or these Rules. |
| (5) | In deciding whether or not to grant condonation, the commissioner may act in such a manner as is deemed expedient in the circumstances in order to achieve the objectives of the Act. In doing so, regard shall be had to substance rather than form. |