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

Essential Services Committee Regulations

Part A : General Provisions

7. Investigations as to whether a service is an essential service

 

 

1) As soon as is reasonably practicable after the receipt of a request by a bargaining council in terms of section 70(3) of the Act, the committee must give notice in the Government Gazette of the investigation as to whether a service is an essential service.

 

2) Any interested party making written submissions to the committee in terms of section 71(2)(a) of the Act must--
a) state the nature of its interest in the investigation;
b) state whether it requires an opportunity to make oral representations, if those oral representations are to contain material or raise issues not dealt with in the written representations, and provide a brief summary of those oral representations;
c) state whether it relies or intends to rely on any expert evidence, and if so, provide a brief summary of that expert evidence; and
d) specify its address, telephone number (if any) and telefax number (if any).

 

3) Any interested party that indicates to the committee in terms of section 71(2)(b) of the Act that it requires an opportunity to make oral representations must—
a) state the nature of its interest in the investigation;
b) provide a brief summary of its oral representations;
c) state whether it relies or intends to rely on any expert evidence, and if so, provide a brief summary of that expert evidence; and
d) specify its address, telephone number (if any) and telefax number (if any).

 

4) The Commission, at the request of the committee, may prepare a factual report concerning any service or part of a service that the committee is investigating.

 

5) The committee must notify a bargaining council that has requested the investigation in terms of section 70(3) of the Act and any interested party that has made written submissions in terms of section 71(2) of the Act of the existence of a factual report relevant to the investigation and invite them to submit written representations on the report to the committee within 14 days of this notification.

 

6) A bargaining council that has requested the investigation and any interested party may inspect any written representations made pursuant to the provisions of subregulations (1) or (5) and any factual report relevant to the investigation at the Commission's head office.

 

7) The Commission must provide a certified copy of, or extract from, any written representations to any person who has paid the prescribed fee.

 

8) The prescribed fee referred to in section 71(4) of the Act must be calculated at the rate of R2.00 per page.

 

9)
a) In addition to the notification contemplated in section 71(5) of the Act, at least seven days before the hearing of oral representations, the committee must publish a notice stating the place and time of the hearing.
b) The notice must be published in a newspaper circulated in the area in which the service being investigated is situated.

 

10) These regulations apply, with the changes required by the context, to any variation or cancellation of the designation of an essential service contemplated by section 71(9) of the Act.