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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

19. Applications/Motion Proceedings in respect of preliminary matters such as applications for Condonation, Jurisdictional Disputes, Variation and Rescission Applications and other Interlocutory Applications

 

 

1) An application must be brought on notice to all persons who have an interest in the application.

 

2) The party bringing the application must sign the notice of application. The application must be delivered and must contain the following:
a) The title of the matter;
b) the case number assigned to the matter by the Commission;
c) the relief sought;
d) an address of the party delivering the document at which the party will accept notices and service of all documents and proceedings;
e) a notice advising the other party that if it intends opposing the matter, the party must deliver an answering affidavit within five days after the application has been served, failing which the matter may be heard in the party’s absence; and
f) a schedule listing the documents that are material and relevant to the application.

 

3) The application must be supported by an affidavit. The affidavit must clearly and concisely set out-
a) the names, description and addresses of the parties;
b) a statement of the material facts, in chronological order, on which the application is based, which statement must be in sufficient detail to enable any person opposing the application to reply to the document;
c) a statement of the legal issues that arise from the material facts, which statement must be in sufficient detail to enable any party to reply to the document; and
d) the relief sought.

 

4)
a) Any party opposing the application may deliver a notice of opposition and an answering affidavit.
b) A notice of opposition and an answering affidavit must be delivered within five days from the day on which the application is served on the party opposing the application.
c) A notice of opposition and an answering affidavit must respectively contain, with the changes required by the context, the same information required by rule 19.2 and 19.3.

 

5)
a) The party initiating the proceedings may lodge a replying affidavit within five days from the day on which any notice of opposition and answering affidavit are delivered.
b) The replying affidavit must address only those issues raised in the answering affidavit and may not introduce new issues of fact or law.

 

6) Subject to the discretion of a commissioner, a written statement may be substituted for the affidavits referred to in rule 19.2 to 19.5.

 

7)
a) The Commission must allocate a date for the hearing of the application once a replying affidavit is delivered, or once the time limit for delivering a replying affidavit has lapsed, whichever occurs first.
b) The Commission must notify the parties of the date, time and place of the hearing of the application.
c) Notwithstanding rule 19.7, the Commission may determine an application in any manner it deems fit.
d) Any ruling made by a commissioner in terms of these Rules which has the effect of a final order will be regarded as an arbitration award.