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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

3. Service of Documents

 

 

1) A party must serve a document in terms of the provisions of the Act, and may also serve in any one of the following ways:
a)
i) By personally handing a copy of the document to the person concerned;
ii) by leaving a copy of the document at the person’s place of residence or business with any other person who is apparently at least 16 years old and in charge of the premises at the time;
iii) by leaving a copy of the document at the person’s place of employment with any other person who is apparently at least 16 years old and apparently in authority;
iv) by faxing a copy of the document to the person, if the person has a fax number;
v) subject to rule 3.1(b)(i), by handing a copy of the document to any representative authorised in writing to accept service on behalf of the person;
vi) if the person has chosen an address or fax number for service, by leaving a copy of the document at that address or by faxing it to that fax number;
vii) by sending a copy of the document by registered post to the last-known address of the party concerned, and, unless the contrary is proved, it will be presumed that service was affected on the seventh day following the day on which the document was posted;
b)
i) if the person is a company or other body corporate, by-
aa) Handing a copy of the document to a responsible employee of the person at its registered office or its principal place of business within the Republic, or its main place of business within the magisterial district in which the dispute first arose; or
bb) if there is no employee willing to accept service, affixing a copy of the document to the main door of the office or place of business;
ii) if service is to be effected on an employer, by handing a copy of the document to a responsible employee of the employer apparently in charge of the workplace where the employee(s) involved in the dispute ordinarily work(s) or worked;
iii) if the person is a trade union or employers’ organisation, by handing a copy of the document to a responsible employee or official at the main office of the union or employers’ organisation or the union’s or or employers’ organisation’s office within the magisterial district in which the dispute first arose, or, if there is no person willing to accept service, by affixing a copy of the document to the main door of that office;
iv) if the person is a partnership, firm or association, by handing a copy of the document to a responsible employee or official at the place of business of such partnership, firm or association or, if such partnership, firm or association has no place of business, by serving a copy of the document on a partner, the owner of the firm or the chairperson or secretary of the managing or other controlling body of such association, as the case may be;
v) if the person is a municipality, by handing a copy of the document on the town clerk, assistant town clerk or any person acting on behalf of that person;
vi) if the person is a statutory body, by handing a copy to the secretary or similar officer or member of the board or committee of that body, or any person acting on behalf of that body;
vii) if the person is the State or a province, a national government department of a provincial department, or a minister or a premier or a member of the executive committee of a province, by handing a copy to a responsible employee at the head office of such party or to a responsible employee at any office of the State Attorney; or
c) by any other means authorised by the Commission.

 

2) Service is proved to the Commission in terms of regulation 2 of the Regulations, by providing the Commission with-
a) a copy of the proof of mailing the referral, objection or other document by registered post to the other party;
b) a copy of the fax communicating the referral, objection or other document to the other party;
c) a copy of a receipt signed by the other party or on that party’s behalf if the copy of the referral, objection or other document was delivered by hand;
d) a statement confirming service signed by the person who delivered a copy of the referral, objection or other document to the other party.

 

3) Proof of service in terms of rule 3.2 shall serve as a prima facie proof that the contents of the document concerned have come to the knowledge of the party on which it was served; provided that the CCMA or the Commissioner has a discretion to make any order as to service that he, she or it deems fit.

 

4) lf service is effected in any other manner than prescribed in this rule the Commissioner dealing with the matter shall have a discretion whether or not to accept such service as sufficient.