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

Rules for the Conduct of Proceedings in the Labour Court

8. Urgent relief

 

 

1) A party that applies for urgent relief must file an application that complies with the requirements of rules 7(1), 7(2), 7(3) and, if applicable, 7(7).

 

2) The affidavit in support of the application must also contain--
a) the reasons for urgency and why urgent relief is necessary;
b) the reasons why the requirements of the rules were not complied with, if that is the case; and
c) if a party brings an application in a shorter period than that provided for in terms of section 68(2) of the Act, the party must provide reasons why a shorter period of notice should be permitted.

 

3) The party bringing the application must sign the application.

 

4) The registrar must fix a date, time and place for the hearing of the application.

 

5) As soon as the registrar has allocated a date, time and place for the hearing, the party bringing the application must serve a copy of the application, together with the information obtained from the registrar, on the respondent.

 

6) The party bringing the application must satisfy the court when the application is heard that a copy of the application has been served on the respondent or that sufficient and adequate notice of the content of the application was brought to that party's attention by other means.

 

7) Any party who intends opposing the application or making any representations concerning the application must notify the registrar and the party bringing the application, as soon as possible after the application has come to that party's notice.

 

8) Any party who has notified the registrar in terms of subrule (7) may appear before the court and be heard at the hearing, except that at any stage of the proceedings, on good cause shown, the court may allow any person who is cited as a party but who failed to notify the registrar as required by subrule (7), to appear to be heard on whatever terms the court may decide.

 

9) The court must deal with an urgent application in any manner it deems fit, and may make an order as to costs.

 

10) Unless otherwise ordered a respondent may anticipate the return date of an interim interdict on not less than 48 hours' notice to the applicant and the registrar.