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

Chapter VII : Dispute Resolution

Part D : Labour Court

159. Rules Board for Labour Courts and rules for Labour Court

 

 

(1) The Rules Board for Labour Courts is hereby established.

 

(2) The Board consists of—
(a) the Judge President of the Labour Court, who is the chairperson;
(b) the Deputy Judge President of the Labour Court, and
(c) the following persons, to be appointed for a period of three years by the Minister of Justice, acting on the advice of NEDLAC
(i) a practising advocate with knowledge, experience and expertise in labour law;
(ii) a practicing attorney with knowledge, experience and expertise in labour law;
(iii) a person who represents the interests of employees;
(iv) a person who represents the interests of employers; and
(v) a person who represents the interests of the State.

 

(3) The Board may make rules to regulate the conduct of proceedings in the Labour Court, including, but not limited to—
(a) the process by which proceedings are brought before the Court, and the form and content of that process;
(b) the period and process for noting appeals;
(c) the taxation of bills of costs;
(d) after consulting with the Minister of Finance, the fees payable and the costs and expenses allowable in respect of the service or execution of any process of the Labour Court, and the tariff of costs and expenses that may be allowed in respect of that service or execution; and
(e) all other matters incidental to performing the functions of the Court, including any matters not expressly mentioned in this subsection that are similar to matters about which the Rules Board for Courts of Law may make rules in terms of section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985).

 

(4) The Board may alter or repeal any rule that it makes.

 

(5) Five members of the Board are a quorum at any meeting of the Board.

 

(6) The Board must publish any rules that it makes, alters or repeals in the Government Gazette.

 

(7)
(a) A member of the Board who is a judge of the High Court may be paid an allowance determined in terms of subsection (9) in respect of the performance of the functions of a member of the Board.
(b) Notwithstanding anything to the contrary in any other law, the payment, in terms of paragraph (a), of an allowance to a member of the Board who is a judge of the High Court, will be in addition to any salary or allowances, including allowances for reimbursement of travelling and subsistence expenses, that is paid to that person in the capacity of a judge of that Court.

 

(8) A member of the Board who is not a judge of the High Court nor subject to the Public Service Act, 1994, will be entitled to the remuneration, allowances (including allowances for reimbursement of travelling ad subsistence expenses), benefits and privileges determined in terms of subsection(9).

 

(9) The remuneration, allowances, benefits and privileges of the members of the Board—
(a) are determined by the Minister of Justice with the concurrence of the Minister of Finance;
(b) may vary according to rank, functions to be performed and whether office is held in a full-time or part-time capacity; and
(c) may be varied by the Minister of Justice under any law in respect of any person or category of persons.

 

(10)
(a) Pending publication in the Government Gazette of rules made by the Board, matters before the Court will be dealt with in accordance with such general directions as the Judge President of the Labour Court, or any other judge or judges of that Court designated by the Judge President for that purpose, may consider appropriate and issue in writing.
(b) Those directions will cease to be of force on the date of the publication of the Board's rules in the Government Gazette, except in relation to proceedings already instituted before that date. With regard to those proceedings, those directions will continue to apply unless the Judge President of the Labour Court has withdrawn them in writing.

 

(11) The Judge President must ensure that the Rules Board for Labour Courts meet at least once every two years to review the rules of the Labour Court.

[Subsection (11) inserted by section 27 of Act No. 6 of 2014]