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Labour Court Rules 2006 (Statutory Instrument 59 of 2006)

Statutory Instrument 59 of 2006.

 Labour Court Rules 2006

ARRANGEMENT OF RULES PART I

PRELIMINARY

Rule

  1. Computation of time and certain presumptions as to time.
  2. Sittings and vacations of Labour Court.

PART II

SERVICE OFDOCUMENTS

  1. Interpretation in Part II.
  2. Address for service and change of address for service.
  3. Persons who may effect service of documents and manner and time of service.
  4. Service where person to be served prevents service or cannot be found.
  5. Substituted service.
  6. Proof of service.

PART III

DETERMINATION OFMATTERS BY LABOURCOURT

  1. Informality of proceedings.
  2. Labour Court Record Book.
  3. Interlocutory and other applications under these rules.
  4. Assumption and renunciation of agency where either party represented by legal practitioner.
  5. Heads of argument.
  6. Settlements and withdrawals.
  7. Set-down of matters.
  8. Where party fails to file notice of response.
  9. Clarification of issues
  10. Pre-hearing stage.
  11. Departures from rules.
  12. Joinder of parties and actions.
  13. Adjournments and postponements.
  14. Default judgement entered where party or witness fails to appear.
  15. Consent to judgement.
  16. Applications for rescissions or alterations of judgements.
  17. Stay of execution.

PART IV

GENERAL

  1. Precedents and binding nature of decisions.
  2. Leave to appeal against decisions of Court.

IT is hereby notified that the Presidents of the Labour Court have, in terms of section 90(3) of the

Labour Court Act [Chapter 28:01] and with the approval of the Chief Justice and the Minister of

Justice, Legal and Parliamentary Affairs, made the following rules:

PART I

PRELIMINARY

  1. Title

These rules may be cited as the Labour Court Rules, 2006.

2. Application

These rules shall apply to all proceedings in the Labour Court, including, so far as is practicable, proceedings pending on the date of commencement of these rules.

3. Interpretation

In these rules—

“Court” means the Labour Court;

“form” means the appropriate form prescribed in the Schedule;

“party” means a person who is a party to a matter before the Court;

“President” means a President of the Court appointed in terms of section 84(2)(a) of the Act, and includes the Senior President;

“registrar” means the registrar of the Court;

“representative” means an official or employee of a registered trade union or employers organisation representing a party who is a member of that trade union or employers organisation;

“responsible individual”, in relation to the service of any document or summons under these rules, means an individual who appears reasonably likely, if he or she is given a document or summons that is required to be served in terms of these rules, either to deliver it to the person upon whom it is to be served, or otherwise to bring it to that person’s attention;

“Senior President” means the Senior President appointed as such in terms of section 84(2)(a) of the Act.

4. Computation of time and certain presumptions as to time

  • Unless a contrary intention appears, where anything is required by these rules or in any order of the Court to be done within a particular number of days or hours, a Saturday, Sunday or public holiday shall not be reckoned as part of such period.
  • A person shall be deemed to have received—
  • service of documents on the day indicated by the appropriate proof of service mentioned in any of the paragraphs(a) to (e) of rule 11(1);
  • for the purpose of rule 14(1)(a), a “certificate of no settlement” by the fourteenth day after the date indicated on that certificate as the date of issue thereof; (c) for the purpose of rule 15(1)—
    • a determination or direction of the Minister in terms of section 25, 40, 51, 79 or 82 of the Act, or in terms of any regulations made pursuant to section 17 of the Act, by the fourteenth day after

the date indicated on that determination or direction as the date of issue thereof;

  • a determination made under an employment code in terms of section 101 of the Act, by the fourteenth day after the date indicated on that determination as the date of issue thereof; (d) for the purpose of rule 16(1), notice of termination of—
  • the investigation of a dispute or unfair labour practice by the fourteenth day after the date indicated on a “certificate of no settlement” as the date of issue thereof;
  • the conduct of any proceedings in terms of an employment code by the fourteenth day after the date indicated on a determination issued after those proceedings as the date of issue thereof;

and any person alleging otherwise shall bear the onus of proof to the contrary.

(3) The period of twenty-one days referred to in rules 14(1), 15(1) and 16(1) shall, in the case of—

  • an application in terms of rule 14(1)(a), 15(1), be calculated from the last deemed date of receipt of the certificate, determination, direction or notice referred to in subrule (2)(b), (c) or (d), as the case may be;
  • an application in terms of rule 14(1)(b) or (where no certificate, determination or direction was issued in relation to the proceedings sought to be reviewed) 16(1), be calculated from the thirtieth day after—
    • the labour officer began to attempt to settle the dispute or unfair labour practice concerned in terms of section 93 of the Act; or
    • the applicant received notification that proceedings under an employment code were to be commenced against him or her in terms of section 101(3)(e) of the Act;

as the case may be.

5. Sittings and vacations of Labour Court

  • In each year the registrar shall, in consultation with the Senior President, publish a calendar of the sittings and vacations of the Court for the ensuing year.
  • The registrar shall, by notice in the Gazette and in any other media he or she deems fit, publish the calendar referred to in subrule (1).

PART II

SERVICE OFDOCUMENTS

6. Interpretation in Part II

In this Part—

“address for service” means the address nominated by a person where documents may be served on him or her in terms of rule 7(1);

“commercial courier service” and “postal licensee” shall have the meanings given to those terms by the Postal and Telecommunications Act [Chapter 12:05].

7. Address for service and change of address of service

  • Every party shall, at the time when he or she notes an appeal or makes any application, give an address at which he or she will accept service in terms of these rules.
  • Where a party is represented by a legal practitioner or representative, the party’s address for service shall be that of his or her legal practitioner or representative.
  • Where a party changes his or her address for service, he or she shall notify, in writing, the registrar and the other parties to the proceedings of his or her new address for service, and if he or she fails to make such notification, his or her address for service shall be deemed to be the address given under subrule (1).
  • Where a party fails to specify his or her address for service, his or her last known residential address or the address of his or her last known place of business or employment shall be deemed to be his or her address for service and service at any such address shall be valid:

Provided that where the person to be served is detained in custody, service shall be by delivery or registered post to the person in charge of the place where that person is detained.

8. Persons who may effect service of documents and manner and time of service

(1) All documents not required in terms of these rules to be served by the registrar himself or herself may be served upon a person by—

  • the party who issued the documents; or
  • a party’s legal practitioner, representative, agent, messenger or courier; or (c) the deputy sheriff;
  • the messenger of court; in any of the following ways—
  • registered post; or
  • delivery through a commercial courier service; or
  • personal delivery to that person or to his or her duly appointed agent; or
  • delivery to a responsible individual at that person’s place of work or residential address; or (i) telegraph; or (j) telefacsimile.

(2) Service of documents in terms of these rules shall not be valid if served between 10 p.m. and 6 a.m.:

Provided that the service of documents by post, telegraph, facsimile or courier shall be valid whenever served.

9. Service where person to be served prevents service or cannot be found

Where documents are to be served, and—

  • the person upon whom they are to be served avoids or prevents service; or
  • the person seeking to effect service of the documents is unable, after a diligent search at the residence, place of business or employment or address for service of the person to be served, to find that person or a responsible individual; it shall be sufficient service to leave a copy of the documents in a letter box, at or affixed to or near the counter or principal door or gate, or in some conspicuous place at the residence, place of business or employment or address for service, as the case may be.

10. Substituted service

Where service cannot be effected in the manner prescribed in rules 8 and 9, the Court may, upon evidence of that fact, make an order allowing service to be effected in any manner as may be stated in such order.

11. Proof of service

(1) Where service of documents has been effected by—

  • registered post, the advice slip, or some other acceptable proof of delivery provided by the postal

licensee;

  • the registrar, the registrar’s out-going mail register or extract therefrom certified by the registrar;
  • hand-delivery or courier delivery, a certificate of service or affidavit by the person effecting service, or delivery slip, or a copy of the document served duly signed by the recipient;
  • telefacsimile, the electronic record of such service;
  • telegraph, a return from the postal licensee; shall constitute proof of service.

(2) Where any document has been served on a responsible individual, the name of that individual shall be stated in the proof of service.

PART III

DETERMINATION OFMATTERS BY LABOURCOURT

12. Informality of proceedings

  • Subject to these rules, the Court shall conduct any hearing in such manner as it considers most suitable to the clarification of the issues, the fair resolution of the matters, and generally the just handling of the proceedings before it.
  • The Court shall, so far as appear to it appropriate, avoid formality in its proceedings and may, where circumstances warrant it, depart from any enactment or rule of law relating to the admissibility of evidence in proceedings before courts of law generally.

13. Labour Court Record Book

The Registrar shall, in respect of every matter for hearing or determination by the Court, keep an index book to be called the Labour Court Record Book in which the following shall be recorded— (a) the number of the case; and

  • the names of the parties; and
  • the nature of the case; and
  • the date and place of the hearing or determination of the case; and
  • the judgement of the Court; and (f) any subsequent proceedings and remarks.

14. Applications

(1) A party to a dispute who wishes to apply to the Court for an order referred to in section 89(2)(b), (c) or

  • of the Act shall, within twenty-one days from the date—
    • when the party received a “certificate of no settlement” issued by a labour officer in relation to the dispute in terms of section 93(3) of the Act; or
    • of expiry of the maximum 30-day period allowed for a labour officer to settle the dispute, where no settlement is achieved and the labour officer did not, for any reason, issue a “certificate of no settlement” in relation to the dispute in terms of section 93(3) of the Act;

do the following—

  • complete in three copies a notice of application in Form LC 1; and
  • if any of the documents referred to in subparagraph (i) or (ii) below are in the possession of the applicant, make three copies of—
    • the minutes or record of any conciliation proceedings undertaken by the labour officer in connection with the dispute, whether the dispute was a dispute of interest or of right; and
    • any supporting documentation produced in connection with conciliation proceedings referred to in subparagraph (i), if any;

and

  • serve one copy of the notice of application, together with a copy of the documents, if any, referred to in paragraph (d), on the other party to the dispute (hereinafter in this rule and rules 15 and 16 referred to as the “respondent”); and
  • file with the registrar one of the other copies of the notice of application, together with—
    • a copy of the documents, if any, referred to in paragraph (d); and
    • proof (as required by rule 11) that the notice of application was served on the respondent; and
  • retain a copy of the notice of application for himself or herself.

(2) The registrar shall, within thirty days of receiving a notice of application in terms of subrule (1)(f), give notice in Part I of Form LC 2 to the respondent—

  • to complete in three copies a notice of response to the application in Part II of Form LC 2; and
  • to do the following within fourteen days of the date when the registrar gives notice to the respondent under this subrule—
    • serve one copy of the notice of response on the applicant; and
    • file with the registrar one of the other copies of the notice of response, together with proof (as required by rule 11) that the notice of response was served on the applicant; and
    • retain a copy of the notice of response for himself or herself; and
  • if the notice of response indicates that the respondent wishes to contest the application, and if any of the documents referred to in subrule (1)(f) were not served on the respondent by the applicant and any such documents are in the possession of the respondent, to do the following within thirty days of the date when the registrar gives notice to the respondent under this subrule, or no later than five days before the date of the hearing set down in terms of rule 21, whichever is the earlier date—
    • make three copies of such documents; and
    • serve a copy of the documents copied under subparagraph (i) on the applicant; and
    • file with the registrar one copy of the documents copied under subparagraph (i), together with proof (as required by rule 11) that a copy of the documents was served on the applicant; and (iv) retain a copy of the documents for himself or herself.

(3) A party to a dispute making an application under this rule who also wishes to seek a review of the proceedings in respect of which he or she makes the application shall, at the same time, complete in three copies of a notice of review in Form LC 4 and serve such notice and any other documentation referred to in rule 16 together with the notice of application under this rule.

15. Appeals

(1) A person wishing to appeal against any decision, determination or direction referred to in section 97(1)(a) or (b) of the Act, or on a question of law in connection with any arbitral award in terms of section 98(10) of the Act, shall, within twenty-one days from the date when the appellant receives the decision, determination or direction or award, do the following—

  • complete in three copies a notice of appeal in Form LC 3; and
  • make three copies of any of the documents referred to in subparagraphs (i) to (iv) below as are relevant to the appeal, if they are in the possession of the appellant—
    • the record of any charge against or allegation of misconduct on the part of the appellant that was served on the appellant, if any;
    • the minutes or record of any proceedings or hearing undertaken to inquire into any charge against or allegation of misconduct on the part of the appellant;
    • a minute or record of any decision, determination, direction or award made at the conclusion of any proceedings or hearing referred to in subparagraph (ii);
    • the letter of suspension or dismissal from employment, if any; and
  • serve one copy of the notice of appeal, together with a copy of the documents, if any, referred to in paragraph (b), on the respondent; and
  • file with the registrar one of the other copies of the notice of appeal, together with—
    • a copy of the documents, if any, referred to in paragraph (b); and
    • proof (as required by rule 11) that the notice of appeal was served on the respondent;
  • retain a copy of the notice of appeal, and of the documents, if any, referred to in paragraph (b), for himself or herself.

(2) The registrar shall, within thirty days of receiving a notice of appeal in terms of subrule (1)(d), give notice in Part I of Form LC 2 to the respondent—

  • to complete in three copies a notice of response to the appeal in Part II of Form LC 2; and
  • to do the following within fourteen days of the date when the registrar gives notice to the respondent under this subrule—
    • serve one copy of the notice of response on the appellant; and
    • file with the registrar one of the other copies of the notice of response, together with proof (as required by rule 11) that the notice of response was served on the appellant; and
    • retain a copy of the notice of response for himself or herself; and
  • if the notice of response indicates that the respondent wishes to contest the appeal, and if the documents referred to in subrule (1)(b) were not served on the respondent by the appellant and any such documents are in the possession of the respondent, to do the following within 30 days of the date when the registrar gives notice to the respondent under this subrule, or no later than five days before the date of the hearing set down in terms of rule 21, whichever is the earlier date—
    • make three copies of such documents;
    • serve a copy of the documents copied under subparagraph (i) on the appellant;
    • file with the registrar one copy of the documents copied under subparagraph (i), together with proof (as required by Part II) that a copy of the documents was served on the appellant; and (iv) retain a copy of the documents for himself or herself.

(3) A person making an appeal under this rule who also wishes to seek a review of the proceedings in respect of which he or she makes the appeal shall, at the same time, complete in three copies of a notice of review in Form LC 4 and serve such notice together with the notice of appeal under this rule.

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