• Version
  • Download 7
  • File Size 3.14 MB
  • File Count 1
  • Create Date July 2, 2020
  • Last Updated July 2, 2020

Labour Court Rules, 2017

Labour Court Rules, ZO|T
ARRANGEMENT OF RULES
PARTI : pnnrnrNany
Rule
1. Title. x 2. Application.
3. Interpretation.
4. Computation of time amd certain presumptions as to time. 5. Sittings and vacations of Labour Court.
PART II
Srnvtcr or Doctrvrel.rs
6. Interpretation in Part II.
7. Address for service and chamge of address for service. 8. Persons who may effect service of docrrments and manner and
time of service.
9. Service where person to be served prevents service or caru1ot
be found.
10, Substituted service.
11. Proofofservice.
PARTtrI
Dprrnuruauou op Marrrns sy LABouR Corirr
*/' 12. Informality of proceedings.
13. Labour Court Record Book.
14, Court applieations. - 15. Application for an order by a Labour offrcer or Designated
Agent in tenns of Section 93 5(a), 5ft) and (c) of the Ac-t.
16. Application by the Minister in tenns oisection 120 ofAet.
17. Chamber applications
18. Urgent ChmberApplications.
19. Appeals and cross appeals
2A. Reviews,
1755
I-abour Court Rules ,2OI'7
Rule
21. Reoord preparation (indexing, pagination and binding).
22. Application for condonation oflate noting of an appeal or review.
23. lnterlocutory and other applications.
24. Adoption of incorrect form of application.
25. Assumption and renunciation of agency where either parby
represented by legal practitioner.
26. Heads of argument.
27. Settlements and withdrawals.
28. Set-down of matters. l,
29. Where parff fails to file notice of response.
30. Witnesses.
3I. Pre-hearing stage.
32. Deparhrre from rules.
33. Joinder of parties and actions.
34. Hearings of applications.
35. Adjournmerils and postponements.
36. Reinstatement of matters.
37 . Default judgment entered where party or witress fails to appear.
38. Consent to judgnent.
39- Costs.
40. Applications for rescissions or alterations ofjudgments.
4I. Stayofexecution.
PART IV
GBNSRAL
42. Precedents and binding nature ofdecisrons.
43. Leaveto appeal againstdecisions ofCourt.
44. Referral in tenns of section 175(4) of the Constitution. ,
45. Conduct anddress ofpersons appearing and attending court.
46. Abandonment of matters.
47. Forms.
ScneDu-E: Forms.
IT is hereby notifled that the Judges ofthe labour Court have,
in terms of section 90(3) of the l-abour Act lChapter 28:011 and with
the approval of the Chief Justice and the Minister of Justice, Lrgal
and Parliamentary Affairs, made the following rules:-
1156
S.I 150 of 20I'7
PARTI
PrtELh,nNARy
Title
1. These ruJes may be cited as the Labour Court Rules ,20L7 .
Application
2. These rules shall apply to all proceedings in the Labour Court.
Interpretation
3. In these rules -
o'Act" means the LabourAct lChapter 2B:0lJ;
"Court" means the Labour Cotrrt;
'' Form" me ans the appropriate f orm pre s crib ed in the S che dule ;
"legal practitioner" means a legal practitioner registered in
terms of the tcgal Practitioners Act lchapter 2T:0;
"Judge" meafls ajudge ofthe Court rcfened to in secti onl7u(l)
(b) of the Constitution and includes the Senior Judge;
"Miuistet" mears, subject to sectiou 83 of theAct, the Minister
of Public Service, Labour ancl Social Welfare or any
other Minister to whom the Fresident may, from tirne
to time, assign the aelministration of the Act;
"party" means a person who is a party to a matter befbre the
Court;
"representative" means -
"Registrat" means the registrar of the Court appointed in
terms of section S'7(1) of theAct and includes a deputy
Registrar or assistant llegistrar acting in that capaiity;
"responsible individual" in relation to the service of any
document or sufiImons under these rules, means au
individual who appears rcasonably likely, if he or she
is given a document or sununons that is requirecl to be
serued in temns of these rules, either to deliver it to the
person upon whom it is to be served, or otherwise to
bring it to that persod s attention;
_1157
l-abour Coutl Rules ,2017
"sheriff ' means the Sheriff forZtmhabwe appointed in terms
of section 55 of the l{igh Court Act lChapter 7:061;
"senior Judge" mears the Senior Judge refened to in section
L72(1Xa) of the Constitution;
(a) a legal practitioner registered in terms of the Legal
Practitioners Act fChapter 27 :071;
(b) an off,cial or employee of a registered trade union
or employers organisation of which the party is a
member; or
(c) a company leprcsentative.
Computation of time and certain presumptions as to time
4. (1) IJntess 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 shal1 not be reckoned as part of such
period.
(2) A person shall be deemed to have received-
(a) service of documents on the duy indicated by the
appropriate proof of service mentioned in any of the
paragmphs (a) to (e) of rule 11(1);
(b) a certificate of no settlement, by the fourteenth day after
the date indicated on that certiflcate as the date of issue
thereof to the parties;
(c) for the pupose of rule 19(1)-
(i) a determination or direction of the Minister in
terms of section 25, N, 51 ,79 or 82 of the Act,
or in terms of any regulations made pursuant to
section L7 of the Act, by the fourteenth duy after
tlre clate indic ate d on that de te rmi nation or di re cti on
as the date of issue tlrereof;
(ii) a detennination rnade under an employment cocle
interms of section 101 oftheAct, bythe foufleenth
duy after the date indicated on that detennination
as the date of issue thereof;
1158
S.I. 150 of 2017
(d) forthe purpose of rule ?0(1), notice of terminationof-
(i) the investigation of a dispute or unfair labour
practice by the fourteenth day after the date
indicated on a 'ocertificate of no settlernent" as the
date of issue thereof;
(ii) the conduct of any procesdings in terms of an
employment code by the fotrrteenth day after the
date indicated on a detennination issued aftorthose
proceedings as the date of issue thereof;
and any person alleging othenvise shall bear the onus of proof to
the contrary.
(3) The period of twenty-one days shaII, in the case of*
(a) an application in terms of rule 1g(1) and z0(1), be
calculated from the last deemed date of receipt of the
certificate, determination, direction or notice referrecl
to in subrule (2)(b), (c) or (c)(i), as the case may be;
(b) an application where no certiflcate, determination or
direction ,vas issue the proceeclings sought
to be reviewed, be c the thirtieth clay aftei-
(i) the labour officer began to atternpt to settle the
dispute or unfair labour practice concerned in
terms of section 93 of the Act; or
(ii) notificationthatproceedings
code were tobe cornmenced
against him or her in terms of seciion I01(3)(e) of
the Act;
as the case rnaybe.
Sittings andvacations of Lqbolrr Court
5. (1) In each year the Registrar shall, in consultation with the
Senior Judge, publish a calendar: of the sittings and vacations of the
Court for the ensuing year.
(2) The Registrar shall, by notice in the Gazette and in any
other media he or she deerns fit, publish the calendar refeled to in
subrule (1).
1159
I-^abour Court Rules ,2017
PART II
SpnvlcE oF Doct-rvm,xrs
Interpretation in Part II
6. In this Part-
"acldress for service" means the acldress nominated by a
person wlrere documents may be served on him or her
in terrns of rule 7(t);
"colT[nercial courier service" and "postal licensee" shall
have the meanings given to those terms by the Postal
and Teleconununications Act lCha,pter I 2 :051.
Address .for sentice and change o.f address for sentice
7. (1) Every party shall, at the tirne when he or she notes an
appeal or makes any application, give an addless at which he or she
*"iit accept service in terms of these rules. The address for service
shall be within a raclius of twenty-five kilometres from the registry
where this appellant or applicant flles the appeal or application:
Provided that the Registrar may refuse to accept any docurnent
which does not comply with this rule.
(2) Where a party is represented by a legal practitioner or
representative, the pafiy's address for service shall be that of his or
her legal practitioner or representative.
(3) Wh ete a party changes his or her address for service, he
or she shall notify, in writing, the Registrar and the other parties to
the proceeclings of his or her rew address for seryice, and if he or she
fails to make such notif,cation, his or her address for selvice shall be
deemed to be the address given under subrule (1).
(4) Where a party fails to specify his or her address for service,
his or her last known residential address ot'the address of his or her
last known place of business or employment shall be deemed to be
his or her addrcss for service and service at any such addtess shall
be valid:
Provided that where the person to be seryed is detained in
custody, service shal1 be by delivery or registered post to the persor
in charge of the place where that per'sou is detained.
1160

Leave a Reply

Your email address will not be published. Required fields are marked *