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

Rules for the Conduct of Proceedings in the Labour Court

22A. Offer of Settlement

 

 

1) If a sum of money or the performance of some act is claimed in any proceedings, any party against whom the claim is made may at any time make an offer, in writing, to settle the claim or to perform the act.

 

2) Notice of any offer in terms of this rule must be signed by the party who makes it and delivered to all other parties to the proceedings. The notice must state-
a) whether it is unconditional or without prejudice as an offer of settlement;
b) whether it is accompanied by an offer to pay all or only part of the costs of the party to whom the offer is made;
c) whether the offer is made by way of settlement of both claim and costs or of the claim only; or
d) whether the other party disclaims liability for the payment of costs or part of the costs, in which case the reasons must be given.

 

3) An applicant may accept any offer made in terms of subrule (2) by delivering a notice of acceptance to the offer. The notice must be delivered within 10 days after the receipt of the offer, or thereafter with written consent of the other party or in terms of an order of court.

 

4) In the event of a failure to pay or to perform within seven days after delivery of the notice of acceptance of the offer, the party entitled to payment or performance may, on 5 days' written notice to the party who has failed to pay or perform, apply for judgment in accordance with the offer, and for the costs of the application.

 

5) If an offer accepted in terms of this rule is not stated to be in satisfaction of an applicant's claim and costs, the party to whom the offer is made may apply to the court, on 5 days' written notice to the other party, for an order for costs.

 

6) An offer made in terms of this rule is not a secret offer or tender and may be disclosed to the court at any time.

 

7) Any offer may be taken into account by the court in making an order for costs.