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

Rules for the Conduct of Proceedings in the Labour Court

7. Applications

 

 

The rules in this section apply to the following :

 

1) Application for admission of party to a council in terms of section 56(5);

 

2) application for the winding up of councils in terms of section 59(1);

 

3) application for the winding up of councils on grounds of insolvency in terms of section 60;

 

4) application for an interdict regarding secondary strikes in terms of section 66(3);

 

5) application for an interdict regarding strikes and lock-outs which do not comply with the Act in terms of section 68(1)(a);

 

6) application for payment of compensation in terms of section 68(1)(b);

 

7) application for an interdict regarding protest action in terms of section 77(2)(a);

 

8) application for declaratory order regarding protest action in terms of section 77(2)(b);

 

9) application for winding up of registered trade union or registered employers' organisation in terms of section 103(1);

 

10) application for winding up on grounds of insolvency in terms of section 104;

 

11) application for declaratory order that trade union no longer independent in terms of section 105;

 

12) reviews of any grounds that are permissible in law in terms of section 158(1)(g) or 158(1)(h) ;

 

13) reviews of arbitration awards of the Commission in terms of section 145;

 

14) referral of a dispute about picketing in terms of section 69(11); and

 

15) applications to the Labour Court in terms of any other Act;

 

16) referral of a contempt of the Commission in terms of section 142(9);

 

17) application for authorisation to enter premises in terms of section 142(1)(f) of the Act;

 

18) application to make a settlement agreement or arbitration award an order of court in terms of section 158(1)(c) of the Act;

 

19) application for authorisation to enter premises in terms of section 65(3) of the Basic Conditions of Employment Act 1997;

 

20) application by the Director-General: Labour to have a compliance order made an order of court in terms of section 73(1) of the Basic Conditions of Employment Act 1997;

 

21) if a material dispute of fact is not reasonably foreseen, an application for the determination of any matter concerning a contract of employment in terms of section 77(3) of the Basic Conditions of Employment Act 1997, may be initiated in terms of rule 7(see footnote to rule 6);

 

22) if a material dispute of fact is not reasonably foreseen, an application in terms of section 80(4) of the Basic Conditions of Employment Act 1997, concerning the interpretation or application of Part C of Chapter 10 of that Act may be initiated in terms of rule 7 (see footnote to rule 6);

 

23) if a material dispute of fact is not reasonably foreseen an application concerning the interpretation of the Mine Health and Safety Act, 1996, may be initiated in terms of rule 7 (see footnote to rule 6).)

 

24) An application must be brought on notice to all persons who have an interest in the application.

 

25) The notice of application must substantially comply with Form 4 and must be signed by the party bringing the application. The application must be delivered and must contain the following information--
a) the title of the matter;
b) the case number assigned to the matter by the registrar;
c) the relief sought;
d) an address of the party delivering the document at which that party will accept notices and service of all documents in the proceedings;
e) a notice advising the other party that if it intends opposing the matter, that party must deliver an answering affidavit within 10 days after the application has been served, failing which the matter may be heard in the party's absence and an order of costs may be made; and
f) a schedule listing the documents that are material and relevant to the application.

 

26) The application must be supported by affidavit. The affidavit must clearly and concisely set out-
a) the names, description and addresses of the parties;
b) a statement of the material facts, in chronological order, on which the application is based, which statement must be sufficiently particular to enable any person opposing the application to reply to the document;
c) a statement of the legal issues that arise from the material facts, which statement must be sufficiently particular to enable any party to reply to the document; and
d) the relief sought.

 

27)
a) A notice of opposition and an answering affidavit may be delivered by any party opposing the application.
b) A notice of opposition and an answering affidavit must be delivered within 10 days from the day on which the application is served on the party opposing the application.
c) A notice of opposition and an answering affidavit must respectively contain, with the changes required by the context, the same information required by subrules (2) and (3).

 

28)
a) The party initiating the proceedings may deliver a replying affidavit within 5 days from the day on which any notice of opposition and answering affidavit are delivered.
b) The replying affidavit must address only those issues raised in the answering affidavit and may not introduce new issues of fact or of law.

 

29)
a) The registrar must allocate a date for the hearing of the application once a replying affidavit is delivered, or once the time limit for delivering a replying affidavit has lapsed, whichever occurs first.
b) The registrar must notify the parties of the date, time and place for the hearing of the application.

 

30) An application to make a settlement agreement or arbitration award an order of court which is unopposed must be enrolled by the registrar on notice to both parties. The court may make any competent order in the absence of the parties.

 

31) The court must deal with an application in any manner it deems fit, which may include-
a) an order to hold a pre-trial conference;
b) referring a dispute for the hearing of oral evidence; and
c) an order as to costs.