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

Commission for Conciliation, Mediation and Arbitration

Rules regulating the Practice and Procedure for Resolving Disputes

12. Joinder of Parties/Amendment of Citations/Substitution of Parties and Consolidation of Proceedings

 

 

1) The Commission may combine cases or join parties in proceedings, if the right to relief depends on the determination of substantially the same question of law or fact.

 

2)
a) The Commission may, of its own accord or on application and after notifying every other party, make an order joining any person as a party in the proceedings if the party to be joined has a substantial interest in the subject matter of the proceedings.
b) When making an order in terms of paragraph (a), the Commission may give such directions as to the further procedure in the proceedings as it deems fit.

 

3) At any stage of the proceedings any person entitled to join as a party to any proceedings may, on notice to all parties, apply for leave to join as a party. The Commission may make an order to give such directions as to the further procedure in the proceedings as it deems fit.

 

4) If a party to any proceedings has been incorrectly or defectively cited, the Commission may, on application and on notice to the party/parties concerned, correct the error or defect.

 

5) If in any proceedings it becomes necessary to substitute a person for an existing party, any party to such proceedings may, on application and on notice to every other party, apply to the Commission for an order substituting that person for an existing party and the Commission may make such order or give such directions as to the further procedure in the proceedings as it deems fit.

 

6) If a commissioner has been appointed to arbitrate a dispute in terms of section 136(1) of the Act, in respect of more than one dispute involving the same parties, that commissioner may consolidate the arbitration proceedings so that all the disputes concerned may be dealt with in the same proceedings.