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

Notices

South African Road Passenger Bargaining Council

Extension to Non-Parties of the Main Collective Agreement

Annexures

Annexure B : Dispute Resolution

6. Condonation for Late Referral

 

6.1 Late referral applies to any document, including a referral or an application document, lodged with SARPBAC outside of the time period prescribed in the Act or this appendix.

 

6.2 A Party lodging a late referral and/or document must  apply for  Condonation  at  the same time as lodging such late referral and/or document.

 

6.3 An application for Condonation must set out the grounds for seeking Condonation and must include details of the following:—
6.3.1 the degree of lateness
6.3.2 the reasons for the lateness and degree of fault
6.3.3 the  referring  Party's prospects of succeeding with the dispute and obtaining the relief sought against the other Party or Parties
6.3.4 any prejudice to the other Parties and
6.3.5 all other relevant factors.

 

6.4 SARPBAC shall not accept any late referral without a Condonation application being attached to such late referral together with documented proof that all other Parties to the dispute have been notified about the late referral and application for Condonation.

 

6.5 Once a Condonation application has been submitted the responding Party or Parties must, should they wish to oppose such application,  lodge  written  objections  thereto within fifteen (15) days of receipt of the notice of such Condonation application.

 

6.6 A Commissioner will be appointed and will consider the late application and any objections lodged against the said application within fifteen (15) days after the date allowed, in terms of Clause 6.5 above, for submission of objections to such late referral and Condonation application.