Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Civil Engineering IndustryBCCEI : Extension of Dispute Resolution Collective Agreement to Non-PartiesDispute Resolution Collective Agreement for the Civil Engineering IndustryAnnexure 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 the late filing of documents or failure to comply with the Rules |
| (1) | This Rule applies to all referral documents, applications and other documents which are delivered outside of the applicable time period prescribed in the Act 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 condonatlon 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 Council or a commissioner may condone, on good cause shown, any failure to comply with any time period provided for in the Act or these Rules. |
| (5) | In deciding whether or not to grant condonation, the Council or 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. |