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

Essential Services Committee Regulations

Part D : Determinations

11. Conduct of hearings in terms of sections 73 and 75 of the Act

 

 

1) As soon as reasonably practicable after the receipt of the referral or application contemplated in terms of sections 73 and 75 of the Act respectively, the committee must notify the parties in writing of the place and time of the hearing. The place and time must be determined with due regard to urgency.

 

2) The committee may decide that the dispute or application is capable of determination on the written representations before it or that it requires to hear oral evidence.

 

3) If the committee decides that the matter is capable of determination on the written submissions before it, the committee may hear argument from the parties and then make its determination.

 

4) If the committee decides that it requires to hear oral evidence-
a) it must decide the issues on which it requires to hear oral evidence; and
b) notify the parties of its decision in good time.

 

5) Despite the provisions of subregulation (3) the committee, during a hearing, may direct that oral evidence by hear in which case the provisions of subregulation (4) will apply.

 

6) If the committee decides that the matter is urgent, the committee may make an interim order determining the dispute or the application pending a final determination. In this event, the committee must specify a date in the order, which date may not be later than the date on which the interim order expires, for a hearing to determine the dispute.

 

7) The committee must conduct the hearing in a manner that the committee considers appropriate in order to make a determination with the minimum of legal formalities.

 

8) The committee must provide the parties with a brief summary of the reasons for its decision.