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 Six : Applications35. Bringing an application |
| (1) | This Rule applies to all— |
| (a) | applications for condonation, joinder, substitution, variation, rescission, postponement, consolidation of disputes and correction of citation and discovery of documents; |
| (b) | applications in a jurisdictional dispute; and |
| (c) | other preliminary or interlocutory applications. |
| (2) | An application must be brought at least fourteen (14) days prior to the date of the hearing on notice to all persons who have an interest in the application, such notice to be served in accordance with Rule 5. If an application is delivered by registered mail, the application must be brought twenty-one (21) days prior to the hearing date. |
| (3) | The party bringing the application must sign the notice of application in accordance with Rule 4 and must state— |
| (a) | the title of the matter; |
| (b) | the case number assigned to the matter by the Council, if available; |
| (c) | the relief sought; |
| (d) | the address at which the party delivering the documents will accept delivery of all documents and proceedings; |
| (e) | that any party who intends to oppose the matter is required to deliver a notice of opposition and an answering affidavit within five (5) days from the date the application was served or, if delivered by registered mail, within twelve (12) days; |
| (f) | that the application may be heard in the absence of a party that does not comply with sub-paragraph (e); and |
| (g) | that a schedule is included, listing the documents that are material and relevant to the application. |
| (4) | The application must be supported by an affidavit. The affidavit must clearly and concisely set out— |
| (a) | the names, description and addresses of the parties; |
| (b) | a statement of the material facts, in chronological order, on which the application is based, in sufficient detail to enable any person opposing the application to reply to the facts; |
| (c) | a statement of legal issues that arises from the material facts, in sufficient detail to enable any party to respond to the issues; |
| (d) | if the application is filed outside the relevant time period, grounds for condonation in accordance with Rule 24; and |
| (e) | if the application is brought urgently, the circumstances why the matter is urgent and the reasons why it cannot be dealt with in accordance with the time frames prescribed in this Rule. |
(5)
| (a) | Any party opposing the application must deliver a notice of opposition and an answering affidavit within five (5) days from the day on which the application was served or, if served by registered mail, within twelve (12) days. |
| (b) | A notice of opposition and an answering affidavit must contain, with the changes required by the context, the same information as is required in sub -rules (3) and (4). |
(6)
| (a) | The party bringing the application may deliver a replying affidavit within three (3) days from the date on which the notice of opposition and answering affidavit were served or, if served by registered mail, within ten (10) days. |
| (b) | The replying affidavit must address only issues raised in the answering affidavit and may not introduce new issues of fact or law. |
| (7) | A commissioner may permit the affidavits referred to in this Rule to be substituted by written statements. |
| (8) | In an urgent application a commissioner— |
| (a) | may dispense with the requirements of this Rule; and |
| (b) | may only grant an order against a party who has had reasonable notice of the application. |
| (9) | Once the replying affidavit has been delivered or, if not delivered, once the time period for delivering the replying affidavit has lapsed, the Council must— |
| (a) | allocate a date for the hearing of the application, which may be on a motion roll; and |
| (b) | notify the parties of the date, time and venue of the hearing. |
| (c) | or the Council may appoint a commissioner to deal with the application on the papers. |
| (10) | Despite this Rule, the commissioner may determine an application in any manner deemed appropriate, provided that the Council or the Commissioner inform the parties of how the process will be conducted and giving the parties an opportunity to be heard. |