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Labour Relations Act, 1995 (Act No. 66 of 1995)

Regulations

Essential Service Committee Regulations

Part A - Essential Service Investigation

2. Representations to Committee

 

(1) If the Committee has given notice of an investigation in terms of section 71(1) of the Act as to whether the whole or part of any service should be designated as an essential service, any interested party may submit written representations to the Committee within the time periods specified in the notice.

 

(2) An  interested party submitting written representations in terms of sub-regulation (1) must—
(a) state the nature of its interest in the investigation;
(b) indicate whether or not they require an opportunity to make oral representations to the Committee, as contemplated by section 71(2)(b) of the Act;
(c) specify the factual evidence which forms the basis of its representations to the Committee;
(d) identify any expert witness it intends to call and provide an affidavit containing a summary of that witness' evidence;
(e) provide a statement of the legal issued that arise from the material facts, containing sufficient particularity to enable other interested parties to reply;
(f) list any documents it intends to rely upon as part of it representations and attach a copy of those documents; and
(g) specify a physical, post and electronic address at which it will receive notices and other documents.

 

(3) The Committee may request interested parties to file additional written representations on issued specified by the Committee, within a period specified in the request.

 

(4) The Committee may direct parties to—
(a) serve their representations in terms of sub-regulation (1), and any additional representations in terms of sub-regulation (3), on other interested parties;
(b) file with the Committee proof that they have served such representations, at an address specified by such a party in terms of sub-regulation 2(g).