Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Civil Engineering Industry: Conditions of Employment Collective AgreementThe Independent Exemptions Appeal Board Policy for the Civil Engineering IndustryChapter III : Appeal Procedures5. New evidence |
| 5.1 | An interested party may apply to the Board to lead new evidence on appeal. |
| 5.2 | New evidence may relate to facts or events that took place before or after the date of the initial exemption application. |
| 5.3 | An application to lead new evidence must— |
| (i) | be on affidavit; |
| (ii) | show that the evidence sought to be lead is material and relevant to the issue on appeal; |
| 5.4 | The Board may— |
| (i) | Refuse the application for the leading of new evidence; |
| (ii) | Grant the application for the leading of new evidence in whole or part and— |
| (a) | consider the evidence itself; |
| (b) | remit the appeal to the Council or Exemption Body with an instruction to consider the new evidence and reconsider its decision in the light of that evidence. |
| 5.5 | If the Board decides to consider the evidence itself, and the evidence is not documentary evidence, it must direct whether the evidence should be presented orally or on affidavit. |
| 5.6 | If oral evidence is lead, all interested parties must be given an opportunity to— |
| (i) | Cross-examine any person giving evidence; |
| (ii) | Lead their own witnesses to refute any evidence lead. |
| 5.7 | if the Board directs that evidence must be on affidavit— |
| (i) | the relevant affidavits must be filed with the Council within seven days of the Boards decision allow the evidence to be lead; |
| (ii) | other interested parties may file answering affidavits within seven days of receiving an affidavit containing new evidence; |
| (iii) | the party that filed the affidavit containing new evidence may, within seven days of receiving any answering affidavit, file— |
| (a) | a replying affidavit; |
| (b) | supplementary submissions; |
| (iv) | other interested parties may file supplementary submissions— |
| (a) | within seven days of receiving any supplementary submissions or replying affidavits; |
| (b) | if no supplementary submissions or replying affidavits are filed, within seven days of the filing of any answering affidavit; or |
| (c) | if no answering affidavits are filed, within seven days of receiving the affidavit containing new evidence. |