Labour Relations Act, 1995 (Act No. 66 of 1995)Rules for the Conduct of Proceedings in the Labour Court4. Service of documents |
| 1) | A document that is required to be served on any person may be served in any one of the following ways, namely-- |
| a) |
| i) | by handing a copy of the document to the person; |
| ii) | by leaving a copy of the document at the person's place of residence or business with any other person who is apparently at least 16 years old and in charge of the premises at the time; |
| iii) | by leaving a copy of the document at the person's place of employment with any person who is apparently at least 16 years old and apparently in authority; |
| iv) | by faxing a copy of the document to the person, if the person has a fax number; |
| v) | by handing a copy of the document to any representative authorised in writing to accept service on behalf of the person; |
| vi) | if the person has chosen an address or fax number for service, by leaving a copy of the document at that address or by faxing it to that fax number; |
| vii) | by sending a copy of the document by registered post to the last-known address of the party concerned, and, unless the contrary is proved, it will be presumed that service was effected on the seventh day following the day on which the document was posted. |
| b) |
| i) | if the person is a company or other body corporate, by serving a copy of the document on a responsible employee of the company or body corporate at its registered office or its principal place of business within the Republic, or its main place of business within the magisterial district in which the dispute first arose or, if there is no employee willing to accept service, by affixing a copy of the document to the main door of the office or place of business; |
| ii) | if the person is a trade union or employers' organisation, by serving a copy of the document on a responsible employee who at the time of service is apparently in charge of the main office of the union or employers' organisation or the union's or employers' organisation's office within the magisterial district in which the dispute first arose, at that office of the union or employers' organisation or, if there is no person willing to accept service, by affixing a copy of the document to the main door of that office; |
| iii) | if the person is a partnership, firm or association, by serving a copy of the document on a person who at the time of service is apparently in charge of the premises and apparently at least 16 years of age, at the place of business of such partnership, firm or association or, if such partnership, firm or association has no place of business, by serving a copy of the document on a partner, the owner of the firm or the chairman or secretary of the managing or other controlling body of such association, as the case may be; |
| iv) | if the person is a municipality, by serving a copy of the document on the town clerk, assistant town clerk or any person acting on behalf of that person; |
| v) | if the person is a statutory body, by serving a copy on the secretary or similar officer or member of the board or committee of that body, or any person acting on behalf of that body; |
| vi) | if the person is the State or a province, by serving a copy on a responsible employee in any office of the State Attorney; or |
| c) | by any other means authorised by the court. |
| 2) | Service is proved in court in any one of the following ways- |
| a) | by an affidavit by the person who effected service; |
| b) | if service was effected by fax, by an affidavit of the person who effected service, which must provide proof of the correct fax number and confirmation that the whole of the transmission was completed; |
| c) | if the person on whom the document has been served is already on record as a party, by a signed acknowledgement of receipt by the party on whom the document was served; or |
| d) | by return of the Sheriff. |
| e) | by producing the certificate issued by the post office for the posting of the registered letter and an affidavit that the letter posted contained the document concerned. |
| 3) | If the court is not satisfied that service has taken place in accordance with this rule, it may make any order as to service that it deems fit. |