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

Commission for Conciliation, Mediation and Arbitration

Rules for the Conduct of Proceedings before the CCMA

Part One : Serving and Filing Documents

6. How to prove that a document was served in terms of the Rules

 

 

(1) A party must prove to the Commission or a commissioner that a document was served in terms of these Rules, by providing the Commission or a commissioner—
(a) with a copy of proof that the document has been mailed by registered post to the other party;
(b) with a copy of the telegram or telex transmitting the document to the other party;
(c) with a copy of the telefax transmission report indicating the successful transmission to the other party of the whole document;
(d) if a document was served by hand—
(i) with a copy of a receipt signed by, or on behalf of, the other party clearly indicating the name and designation of the recipient and the place, time and date of service; or
(ii) with a statement confirming service signed by the person who delivered a copy of the document to the other party or left it at any premises; and
(e) if a document was served by e-mail, with a copy of the sent e-mail indicating the successful dispatch to the other party of the e-mail and any attachments concerned.

 

(2) If proof of service in accordance with sub-rule (1) is provided, it is presumed until the contrary is proved, that the party on whom it was served has knowledge of the contents of the document. The relevant provisions of the Electronic Communications and Transactions Act 25 of 2002 are applicable in respect of any issue concerning service by e-mail.

 

(3) The Commission may accept proof of service in a manner other than prescribed in this Rule, as sufficient.