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

Notices

Bargaining Council for the Civil Engineering Industry: Conditions of Employment Collective Agreement

The Independent Exemptions Appeal Board Policy for the Civil Engineering Industry

Chapter III : Appeal Procedures

5. New evidence

 

5.1 An interested party may apply to the Board to lead new evidence on appeal.

 

5.2 New evidence may relate to facts or events that took place before or after the date of the initial exemption application.

 

5.3 An application to lead new evidence must—
(i) be on affidavit;
(ii) show that the evidence sought to be lead is material and relevant to the issue on appeal;

 

5.4 The Board may—
(i) Refuse the application for the leading of new evidence;
(ii) Grant the application for the leading of new evidence in whole or part and—
(a) consider the evidence itself;
(b) remit the appeal to the Council or Exemption Body with an instruction to consider the new evidence and reconsider its decision in the light of that evidence.

 

5.5 If the Board decides to consider the evidence itself, and the evidence is not documentary evidence, it must direct whether the evidence should be presented orally or on affidavit.

 

5.6 If oral evidence is lead, all interested parties must be given an opportunity to—
(i) Cross-examine any person giving evidence;
(ii) Lead their own witnesses to refute any evidence lead.

 

5.7 if the Board directs that evidence must be on affidavit—
(i) the relevant affidavits must be filed with the Council within seven days of the Boards decision allow the evidence to be lead;
(ii) other interested parties may file answering affidavits within seven days of receiving an affidavit containing new evidence;
(iii) the party that filed the affidavit containing new evidence may, within seven days of receiving any answering affidavit, file—
(a) a replying affidavit;
(b) supplementary submissions;
(iv) other interested parties may file supplementary submissions—
(a) within seven days of receiving any supplementary submissions or replying affidavits;
(b) if no supplementary submissions or replying affidavits are filed, within seven days of the filing of any answering affidavit; or
(c) if no answering affidavits are filed, within seven days of receiving the affidavit containing new evidence.