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Marius Scheepers & Company Attorneys |
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Rules for Conduct Proceedings at the CCMA as published in GN R961 in GG 23611 of COMMISSION
FOR CONCILIATION, MEDIATION AND ARBITRATION
TABLE OF CONTENTS
PART ONE SERVING AND FILING
DOCUMENTS 1 How to contact the Commission 2 When are the offices of the Commission open 3 How to calculate time periods in these rules 4 Who must sign documents 5 How to serve documents on other parties 6 How to prove that a document was served in terms of the rules 7 How to file documents with the Commission 8 Documents and notices sent by registered post 9 How to seek condonation for documents
delivered late PART TWOCONCILIATION OF DISPUTES10 How to refer a dispute to the Commission for conciliation 11 What notice must the Commission give of a conciliation 12 Commission may seek to resolve dispute before conciliation 13 What happens if a party fails to attend or is not represented at
conciliation 14 How to determine whether a commissioner may conciliate a dispute 15 Issuing a certificate in terms of section 135 (5) 16 Conciliation proceedings may not be disclosed PART THREE CON-ARB IN TERMS OF
SECTION 191 (5A) 17 Conduct of con-arb in terms of section
191 (5A) PART FOURARBITRATIONS18 How to request arbitration 19 When must the parties file statements 20 When the parties must hold a pre-arbitration conference 21 What notice must the commission give of an arbitration 22 How to determine whether a Commissioner may arbitrate a dispute 23 How to postpone an arbitration PART FIVERULES THAT APPLY TO
CONCILIATIONS AND ARBITRATIONS AND CON-ARBS 24 Where a conciliation or arbitration will take place. 25 Objections to a representative appearing before the Commission 26 How to join or substitute parties to proceedings 27 How to correct a citation of a party 28 When the Commission may consolidate disputes 29 Disclosure of documents 30 What happens if a party fails to attend proceedings before the
Commission PART SIXAPPLICATIONS31 How to bring an application 32 How to apply to vary or rescind arbitration awards or rulings 33 How to apply to refer a dismissal dispute to the PART SEVENPRE-DISMISSAL ARBITRATION IN TERMS OF SECTION 188A34 How to request a pre-dismissal arbitration in terms of section
188A PART EIGHTGENERAL35 Condonation for failure to comply with
the rules 36 Recordings of Commission proceedings 37 How to have a subpoena issued 38 Payment of witness fees 39 Taxation of bills of cost 40 Certification and enforcement of arbitration awards 41 What words mean in these rules PART ONESERVING AND FILING DOCUMENTS1 How to contact the Commission (1) The addresses, telephone and telefax
numbers of the offices of the Commission are listed in Schedule One to these
rules. (2) Documents may only be filed with the Commission at the addresses or
telefax numbers listed in Schedule One. 2 When are the offices of the Commission open (1) The head office and the provincial offices of the Commission will
be open every day from Monday to Friday, excluding public holidays, between
the hours of 08h30 and 16h30, or as determined by the Commission. (2) Documents may only be filed with the Commission during the hours
referred to in subrule (1). (3) Notwithstanding subrule (2), documents
may be faxed at any time to the Commission. 3 How to calculate time periods in these rules (1) For the purpose of calculating any period of time in terms of
these rules- (a) day means a calendar day; and (b) the first day is excluded and the last
day is included, subject to subrule (2). (2) The last day of any period must be excluded if it falls on a
Saturday, Sunday, public holiday or on a day during the period between 16 December to 7 January. 4 Who must sign documents (1) A document that a party must sign in terms of the Act or these
rules may be signed by the party or by a person entitled in terms of the Act
or these rules to represent that party in the proceedings. (2) If proceedings are jointly instituted or opposed by more than one
employee, documents may be signed by an employee who is mandated by the other
employees to sign documents. A list in writing, of the employees who have
mandated the employee to sign on their behalf must be attached to the
referral document. 5 How to serve documents on other parties (1) A party must serve a document on the other parties- (a) by handing a copy of the document to- (i) the person concerned; (ii) a representative authorised in writing
to accept service on behalf of the person; (iii) a person who appears to be at least 16 years
old and in charge of the person’s place of residence, business or place of
employment premises at the time; (iv) a person identified in subrule (2); (b) by leaving a copy of the document at- (i) an address chosen by the person to receive
service; (ii) any premises in accordance with subrule
(3); (c) by faxing or telexing a copy of the document to the person’s fax
or telex number respectively, or a number chosen by that person to receive
service; (d) by sending a copy of the document by
registered post or telegram to the last-known address of the party or an
address chosen by the party to receive service. (2) A document may also be served- (a) on a company or other body corporate by handing a copy of the
document to a responsible employee of the company or body at its registered
office, its principal place of business within the Republic or its main place
of business within the magisterial district in which the dispute first arose; (b) on an employer by handing a copy of the document to a responsible
employee of the employer at the workplace where the employees involved in the
dispute ordinarily work or worked; (c) on a trade union or employers’ organisation
by handing a copy of the document to a responsible employee or official at
the main office of the union or employers’ organisation
or its office in the magisterial district in which the dispute arose; (d) on a partnership, firm or association by handing a copy of the
document to a responsible employee or official at the place of business of
the partnership, firm or association or, if it has no place of business, by
serving a copy of the document on a partner, the owner of the firm or the
chairman or secretary of the managing or other controlling body of the
association, as the case may be; (e) on a municipality, by serving a copy of the document on the
municipal manager or any person acting on behalf of that person; (f) on a statutory body, by handing a copy to the secretary or
similar officer or member of the board or committee of that body, or any
person acting on behalf of that body; (g) on the State or a province, a state department or a provincial
department, a minister, premier or a member of the executive committee of a
province by handing a copy to a responsible employee at the head office of
the party or to a responsible employee at any office of the State Attorney. (3) If no person identified in subrule (2)
is willing to accept service, service may be effected by affixing a copy of
the document to- (a) the main door of the premises concerned; or (b) if this is not accessible, a post-box or other
place to which the public has access. (4) The Commission or a commissioner may order service in a manner
other than prescribed in this rule. 6 How to prove that a document was served in terms of the rules (1) A party must prove to the Commission or a commissioner that a
document was served in terms of these rules, by providing the Commission or a
commissioner: (a) with a copy of proof of mailing the document by registered post to
the other party; (b) with a copy of the telegram or telex communicating the document to
the other party; (c) with a copy of the telefax transmission
report indicating the successful transmission to the other party of the whole
document; or (d) if a document was served by hand- (i) with a copy of a receipt signed by, or on
behalf of, the other party clearly indicating the name and designation of the
recipient and the place, time and date of service; or (ii) with a statement confirming service
signed by the person who delivered a copy of the document to the other party
or left it at any premises. (2) If proof of service in accordance with subrule
(1) is provided, it is presumed, until the contrary is proved, that the party
on whom it was served has knowledge of the contents of the document. (3) The Commission may accept proof of service in a manner other than
prescribed in this rule, as sufficient. 7 How to file documents with the Commission (1) A party must file documents with the Commission: (a) by handing the document to the office of the provincial registrar
at the address listed in Schedule One; (b) by sending a copy of the document by registered post to the office
of the provincial registrar at the address listed in Schedule One; or (c) by faxing the document to the office of
the provincial registrar at a number listed in Schedule One. (2) A document is filed with the Commission when- (a) the document is handed to the office of the provincial registrar, (b) a document sent by registered post is received by the office of
the provincial registrar; or (c) the transmission of a fax is completed. (3) A party must only file the original of a document filed by fax, if
requested to do so by the Commission or a commissioner. A party must comply
with a request to file an original document within seven days of the request. 8 Documents and notices sent by registered post Any document or
notice sent by registered post by a party or the Commission is presumed,
until the contrary is proved, to have been received by the person to whom it
was sent seven days after it was posted. 9 How to seek condonation for documents
delivered late (1) This rule applies to any referral document or application
delivered outside of the applicable time period prescribed in the Act or
these rules. (2) A party must apply for condonation, in
terms of rule 31, when delivering the document to the Commission. (3) An application for condonation must set
out the grounds for seeking condonation and must
include details of the following: (a) the degree of lateness; (b) the reasons for the lateness; (c) the referring parties prospects of succeeding with the referral
and obtaining the relief sought against the other party; (d) any prejudice to the other party; and (e) any other relevant factors. (4) The Commission may assist a referring party to comply with this rule. PART TWOCONCILIATION OF DISPUTES10 How to refer a dispute to the Commission for conciliation (1) A party must refer a dispute to the Commission for conciliation by
delivering a completed LRA Form 7.11 (‘the referral document’). (2) The referring party must- (a) sign the referral document in accordance with rule 4; (b) attach to the referral document written proof, in accordance with
rule 6, that the referral document was served on the other parties to the
dispute; (c) if the referral document is filed out of
time, attach an application for condonation in
accordance with rule 9. (3) The Commission must refuse to accept a referral document until subrule (2) has been complied with. 11 What notice must the Commission give of a
conciliation. The Commission must
give the parties at least 14 days notice in writing of a conciliation
hearing, unless the parties agree to a shorter period of notice. 12 Commission may seek to resolve dispute before conciliation The Commission or a
commissioner may contact the parties by telephone or other means, prior to
the commencement of the conciliation, in order to seek to resolve the
dispute. 13 What happens if a party fails to attend or is not represented at
conciliation (1) The parties to a dispute must attend a conciliation
in person, irrespective of whether they are represented. 1 (2) If a party is represented at the conciliation but fails to attend
in person, the commissioner may- (a) continue with the proceedings; (b) adjourn the proceedings; or (c) dismiss the matter by issuing a written
ruling. (3) In exercising a discretion in terms of subrule
(2), a commissioner should take into account, amongst other things- (a) whether the party has previously failed to attend a conciliation
in respect of that dispute; (b) any reason given for that party’s failure to attend; (c) whether conciliation can take place effectively in the absence of
that party; (d) the likely prejudice to the other party of the commissioner’s
ruling; (e) any other relevant factors. (4) If a party to a dispute fails to attend in person or to be
represented at a conciliation, the commissioner may
deal with it in terms of rule 30. 14 How to determine whether a commissioner may conciliate a dispute If it appears during
conciliation proceedings that a jurisdictional issue has not been determined,
the commissioner must require the referring party to prove that the
Commission has the jurisdiction to conciliate the dispute through
conciliation. 15 Issuing of a certificate in terms of section 135 (5) A certificate issued
in terms of section 135 (5) that the dispute has or has not been resolved,
must identify the nature of the dispute as described in the referral document
or as identified by the commissioner during the conciliation process. 16 Conciliation proceedings may not be disclosed (1) Conciliation proceedings are private and confidential and are
conducted on a without prejudice basis. No person may refer to anything said
at conciliation proceedings during any subsequent proceedings, unless the parties
agree in writing. (2) No person, including a commissioner, may be called as a witness
during any subsequent proceedings in the Commission or in any court to give
evidence about what transpired during conciliation. PART THREE CON-ARB IN TERMS OF SECTION
191 (5A) 17 Conduct of con-arb in terms of section
191 (5A) (1) The Commission must give the parties at least fourteen days notice
in writing that a matter has been scheduled for con-arb
in terms of section 191 (5A) of the Act. (2) A party that intends to object to a dispute being dealt with in
terms of section 191 (5A), must deliver a written notice to the Commission
and the other party, at least seven days prior to the scheduled date in terms
of subrule (1). (3) Subrule (2) does not apply to a dispute
concerning the dismissal of an employee for any reason related to probation
or an unfair labour practice relating to probation. (4) If a party fails to appear or be represented at a hearing
scheduled in terms of subrule (1), the commissioner
must conduct the conciliation on the date specified in the notice issued in subrule (1). (5) Subrule (4) applies irrespective of
whether a party has lodged a notice of objection in terms of subrule (2). (6) In con-arb proceedings a party to the
dispute may appear in person or be represented only by- (a) subject to subrule (7) a legal
practitioner; (b) a director or employee of that party; or (c) any member, office bearer or official of
that party’s registered trade union or registered employers’ organisation 2. (7) If the dispute concerns an unfair dismissal and the party has
alleged the reason for the dismissal relates to the employee’s conduct or
capacity, a party may only be represented by a legal practitioner in the
circumstances contemplated in section 140 (1). 3 (8) The provisions of the Act and these rules that are applicable to
conciliation and arbitration respectively apply, with the changes required by
the context, to con-arb proceedings. (9) If the arbitration does not commence on the date specified in terms
of the notice in subrule (1), the Commission must
schedule the matter for arbitration either in the presence of the parties or
by issuing a notice in terms of rule 21. PART FOURARBITRATIONS18 How to request arbitration (1) A party may request the Commission to arbitrate a dispute by
delivering a document in the form of Annexure LRA 7.13 (‘the referral
document’). (2) The referring party must- (a) sign the referral document in accordance with rule 4; (b) attach to the referral document written proof that the referral
document was served on the other parties to the dispute in accordance with
rule 6; and (c) if the referral document is served out
of time, attach an application for condonation in
accordance with rule 9 4. (3) The Commission must refuse to accept a referral document until subrule (2) has been complied with. (4) This rule does not apply to con-arb
proceedings held in terms of section 191 (5A). 19 When must the parties file statements (1) The Commission or a commissioner may direct- (a) the referring party in an arbitration to deliver a statement of
case; and (b) the other parties to deliver an answering
statement. (2) A statement in terms of subrule (2)
must- (d) set out the material facts upon which the party relies and the
legal issues that arise from the material facts; (e) be delivered within the time-period in
the notice referred to in subrule (2). 20 When the parties must hold a pre-arbitration conference (1) The parties to an arbitration must hold a
pre-arbitration conference dealing with the matters referred to in subrule (2), if directed to do so by the Director. (2) In a pre-arbitration conference, the parties must attempt to reach
consensus on the following: (a) any means by which the dispute may be settled; (b) facts that are agreed between the parties; (c) facts that are in dispute; (d) the issues that the Commission is required to decide; (e) the precise relief claimed and if compensation is claimed, the
amount of the compensation and how it is calculated; (f) the sharing and exchange of relevant documents, and the
preparation of a bundle of documents in chronological order with each page
numbered; (g) the manner in which documentary evidence is to be dealt with,
including any agreement on the status of documents and whether documents, or
parts of documents, will serve as evidence of what they appear to be; (h) whether evidence on affidavit will be admitted with or without
the right of any party to cross-examine the person who made the affidavit; (i) which party must begin; (j) the necessity for any on-the-spot inspection; (k) securing the presence at the Commission of any witness; (l) the resolution of any preliminary points that are intended to be
taken; (m) the exchange of witness statements; (n) expert evidence; (o) any other means by which the proceedings may be shortened; (p) an estimate of the time required for the hearing; (q) the right of representation; and (r) whether an interpreter is required and,
if so, for how long and for which languages. (3) Unless a dispute is settled, the parties must draw up and sign a
minute setting out the facts on which the parties agree or disagree. (4) A minute in terms of subrule (3) may
also deal with any other matter listed in subrule
(2). (5) The referring party must ensure that a copy of the pre-arbitration
conference minute is delivered to the appointed commissioner within seven
days of the conclusion of the pre-arbitration conference. (6) The commissioner may, after receiving a pre-arbitration minute- (a) enrol the matter for arbitration; (b) direct the parties to hold a further pre-arbitration conference;
or (c) make any other direction to the parties
concerning the conduct of the arbitration. (7) If a party that has referred a matter to arbitration fails to
attend a pre-arbitration conference, the commissioner may deal with the
matter in terms of rule 30. (8) If any other party fails to attend a pre-arbitration conference
without a justifiable reason, the commissioner may make an order of costs
against that party. (9) The parties to an arbitration may agree
to hold a pre-arbitration conference in terms of subrule
(2). 21 What notice must the commission give of an arbitration The Commission must
give the parties at least 21 days notice, in writing, of an arbitration
hearing, unless the parties agree to a shorter period. 22 How to determine whether a commissioner may arbitrate a dispute If during the
arbitration proceedings it appears that a jurisdictional issue has not been
determined, the commissioner must require the referring party to prove that
the Commission has jurisdiction to arbitrate the dispute. 23 How to postpone an arbitration (1) An arbitration may be postponed- (a) by agreement between the parties in terms of subrule
(2); or (b) by application and on notice to the other
parties in terms of subrule (3). (2) The Commission must postpone an arbitration without the parties
appearing if- (a) all the parties to the dispute agree in writing to the
postponement; and (b) the written agreement for the
postponement is received by the Commission more than seven days prior to the
scheduled date of the arbitration. (3) If the conditions of subrule (2) are not
met, any party may apply in terms of rule 31 to postpone an
arbitration by delivering an application to the other parties to the
dispute and filing a copy with the Commission before the scheduled date of
the arbitration. (4) After considering the written application, the Commission may- (a) without convening a hearing, postpone the matter; or (b) convene a hearing to determine whether to
postpone the matter. PART FIVERULES THAT APPLY TO
CONCILIATIONS AND ARBITRATIONS AND CON-ARBS 24 Where a conciliation or arbitration will take place (1) A dispute must be conciliated or arbitrated in the province in
which the cause of action arose, unless a senior commissioner in the head
office of the Commission directs otherwise. (2) The Commission within a province determines the venue for
conciliation or arbitration proceedings. 25 Objections to a representative appearing before the Commission. (1) If a party to the dispute objects to the representation of another
party to the dispute or the commissioner suspects that the representative of
a party does not qualify in terms of the Act, the commissioner must determine
this issue. 5 (2) The commissioner may call upon the representative to establish why
the representative should be permitted to appear in terms of the Act. (3) A representative must tender any documents requested by the
commissioner, in terms of subrule (2), including
constitutions, payslips, contracts of employment,
documents and forms, recognition agreements and proof of membership of a
trade union or employers’ organisation. 26 How to join or substitute parties to proceedings (1) The Commission or a commissioner may join any number of persons as
parties in proceedings if their right to relief depends on substantially the
same question of law or fact. (2) A commissioner may make an order joining any person as a party in
the proceedings if the party to be joined has a substantial interest in the
subject matter of the proceedings. (3) A commissioner may make an order in terms of subrule
(2)- (a) of its own accord; (b) on application by a party; or (c) if a person entitled to join the
proceedings applies at any time during the proceedings to intervene as a
party. (4) An application in terms of this rule must be made in terms of rule
31. (5) When making an order in terms of subrule
(2), a commissioner may- (a) give appropriate directions as to the further procedure in the proceedings;
and (b) make an order of costs in accordance with
these rules. (6) If in any proceedings it becomes necessary to substitute a person
for an existing party, any party to the proceedings may apply to the
Commission for an order substituting that party for an existing party, and a
commissioner may make such order or give appropriate directions as to the
further procedure in the proceedings. (7) An application to join any person as a party to proceedings or to
be substituted for an existing party must be accompanied by copies of all
documents previously delivered, unless the person concerned or that person’s
representative is already in possession of the documents. (8) Subject to any order made in terms of subrules
(5) and (6), a joinder or substitution in terms of
this rule does not affect any steps already taken in the proceedings. 27 How to correct the citation of a party If a party to any
proceedings has been incorrectly or defectively cited, the Commission may, on
application and on notice to the parties concerned, correct the error or
defect. 28 When the Commission may consolidate disputes The Commission or a
commissioner, of its own accord or on application, may consolidate more than
one dispute so that the disputes may be dealt with in the same proceedings. 29 Disclosure of documents (1) Either party may request a commissioner to make an order as to the
disclosure of relevant documents. (2) The parties may agree on the disclosure of documents. 30 What happens if a party fails to attend proceedings before the
Commission (1) If a party to the dispute fails to attend or be represented at any
proceedings before the Commission, and that party- (a) had referred the dispute to the Commission, a commissioner may
dismiss the matter by issuing a written ruling; or (b) had not referred the matter to the Commission, the commissioner
may- (i) continue with the proceedings in the
absence of that party; or (ii) adjourn the proceedings to a later date. (2) A commissioner must be satisfied that the party had been properly
notified of the date, time and venue of the proceedings, before making any
decision in terms of subrule (1). (3) If a matter is dismissed, the Commission must send a copy of the
ruling to the parties. PART SIXAPPLICATIONS31 How to bring an application (1) This rule applies to any- (a) application for condonation, joinder, substitution, variation or rescission; (b) application in a jurisdictional dispute; (c) other preliminary or interlocutory
application. (2) An application must be brought on notice to all persons who have
an interest in the application. (3) The party bringing the application must sign the notice of
application in accordance with rule 4 and must state- (a) the title of the matter; (b) the case number assigned to the matter by the Commission; (c) the relief sought; (d) the address at which the party delivering the document will accept
delivery of all documents and proceedings; (e) that any party that intends to oppose the matter must deliver a
notice of opposition and answering affidavit within fourteen days after the
application has been delivered to it; (f) that the application may be heard in the absence of a party that
does not comply with subparagraph (e); (g) that a schedule is included listing the
documents that are material and relevant to the application. (4) The application must be supported by an 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, in sufficient detail to enable any person
opposing the application to reply to the facts; (c) a statement of legal issues that arise from the material facts,
in sufficient detail to enable any party to reply to the document; (d) if the application is filed outside the relevant time period,
grounds for condonation in accordance with rule 9;
and (e) if the application is brought urgently,
the circumstances why the matter is urgent and the reasons why it cannot be
dealt with in accordance with the time frames prescribed in these rules. (5) (a) Any party opposing the application
may deliver a notice of opposition and an answering affidavit within fourteen
days from the day on which the application was served on that party. (b) A notice of
opposition and an answering affidavit must contain, with the changes required
by the context, the information required by subrules
(3) and (4) respectively. (6) (a) The party initiating the proceedings may deliver a replying
affidavit within seven days from the day on which any notice of opposition
and answering affidavit are served on it. (b) The replying
affidavit must address only issues raised in the
answering affidavit and may not introduce new issues of fact or law. (7) A commissioner may permit the affidavits referred to in this rule
to be substituted by a written statement. (8) In an urgent application, the Commission or a commissioner- (a) may dispense with the requirements of this rule; and (b) may only grant an order against a party
that has had reasonable notice of the application. (9) (a) The Commission 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 Commission must notify the parties of the date, time and place
of the hearing of the application. (c) Applications may be heard on a motion roll. (10) Despite this rule, the
Commission or a commissioner may determine an application in any manner it
deems fit. 32 How to apply to vary or rescind arbitration awards or rulings (1) An application for the variation or rescission of an arbitration
award or ruling must be made within fourteen days of the date on which the applicant
became aware of- (a) the arbitration award or ruling; or (b) a mistake common to the parties to the
proceedings. (2) A ruling made by a commissioner which has the effect of a final
order, will be regarded as a ruling for the purposes of this rule. 33 How to apply to refer a dismissal dispute to the (1) An application in terms of section 191 (6) of the Act to refer a
matter to the Labour Court, must be delivered- (a) within ninety days of a certificate that the dispute has not been
resolved being issued; or (b) by a party that has not requested
arbitration, within fourteen days of the referral for arbitration being
filed. (2) Despite subrule (1), a party that
requests arbitration may not thereafter make an application in terms of section
191 (6). (3) The application must state the grounds on which a party relies in
requesting that the dispute be referred to the (4) If any party to the dispute objects to the matter being referred
to the (5) The Commission must notify the parties of its decision in terms of
section 191 (8) within fourteen days of receiving the objection. PART SEVENPRE-DISMISSAL ARBITRATION IN TERMS OF SECTION 188A34 How to request a pre-dismissal arbitration In terms of section
188A (1) An employer requesting the Commission to conduct a pre-dismissal arbitration, must do so by delivering a completed LRA Form
7.19 to the Commission. (2) The employee must sign the LRA Form 7.19 unless the employee has
consented in terms of section 188A (4) (b) 6 to pre-dismissal arbitration in
a contract of employment, in which case a copy of the contract must be
attached to the form. (3) When filing the LRA Form 7.19, the employer must pay the
prescribed fee to the Commission. Payment of the fee may only be made by- (a) bank guaranteed cheque; or (b) electronic transfer into the bank account
of the Commission. (4) Within twenty-one days of receiving a request in terms of subrule (1) and payment of the prescribed fee, the
Commission must notify the parties to the pre-dismissal arbitration of when
and where the pre-dismissal arbitration will be held. (5) Unless the parties agree otherwise, the Commission must give the
parties at least fourteen days notice of the commencement of the
pre-dismissal arbitration. (6) The Commission is only required to refund a fee paid in terms of subrule (3), if the Commission is notified of the
resolution of the matter prior to issuing a notice in terms of subrule (4). PART EIGHTGENERAL35 Condonation for failure to comply with
the rules The Commission or a
commissioner may condone any failure to comply with the time frames in these
rules, on good cause shown. 36 Recordings of Commission proceedings (1) The Commission must keep a record of- (a) any evidence given in an arbitration hearing; (b) any sworn testimony given in any proceedings before the
Commission; and (c) any arbitration award or ruling made by
a Commissioner. (2) The record may be kept by legible hand-written notes or by means
of an electronic recording. (3) A party may request a copy of the transcript of a record or a
portion of a record kept in terms of subrule (2),
on payment of the costs of the transcription. (4) After the person who makes the transcript of the record has
certified that it is correct, the record must be returned to the provincial
Registrar. (5) The transcript of a record certified as correct in terms of subrule (4) is presumed to be correct, unless the 37 How to have a subpoena issued (1) Any party who requires the Commission or a commissioner to
subpoena a person in terms of section 142 (1) of the Act, must file a
completed LRA Form 7.16 together with a written motivation setting out why
the evidence of the person to be subpoenaed is necessary. (2) A party requesting the Commission to waive the requirement for the
party to pay witness fees in terms of section 142 (7) © must set out the
reasons for the request in writing at the time of requesting the Commission
to issue a subpoena in respect of that witness. (3) An application in terms of subrule (1)
must be ‘Fled with the Commission at least fourteen days before the
arbitration hearing, or as directed by the commissioner hearing the
arbitration. (4) The Commission or a commissioner may refuse to issue a subpoena
if- (a) the party does not establish why the evidence of the person is
necessary; (b) the party subpoenaed does not have a reasonable period in which to
comply with the subpoena; (c) the Commission or a commissioner is not
satisfied that the party has made arrangements to pay the witness fees and
the reasonable travel costs of the person subpoenaed. (5) A subpoena must be served on the witness subpoenaed- (a) by the person who has requested the issue of the subpoena or by
the Sheriff, at least seven days before the scheduled date of the
arbitration; and (b) if so directed by the Commission, accompanied by payment of the
prescribed witness fees for one day in accordance with the tariff of
allowances published by notice in the Government Gazette in terms of section
142 (7) of the Act and the witnesses’ reasonable travel costs. (6) Subrules 4 © and 5 (b) do not apply if
the Commission in terms of section 142 (7) (c), has waived the requirement to
pay witness fees. 38 Payment of witness fees (1) A witness subpoenaed in any proceedings in the Commission must be
paid a witness fee in accordance with the tariff of allowances published by
notice in the Government Gazette in terms of section 142 (7) of the Act. (2) The witness fee must be paid by- (a) the party who requested the Commission to issue the subpoena; or (b) the Commission, if the issue of the
subpoena was not requested by a party or if the Commission waives the
requirement to pay witness fees in terms of section 142 (7) (c). (3) Despite subrule (1), the commissioner
may, in appropriate circumstances, order that a witness receive no fee or
only part of the prescribed fee. 39 Taxation of bills of cost (1) The basis on which a commissioner may make an order as to costs in
any arbitration, is regulated by section 138 (10) of the Act. 7 (2) The Director may appoint taxing officers to perform the functions
of a taxing officer in terms of these rules. (3) The taxing officer must tax any bill of costs for services
rendered in connection with proceedings in the Commission on Schedule A of
the prescribed Magistrates’ Court tariff, in terms of the Magistrates’ Courts
Act, 32 of 1944, unless the parties have agreed to a different tariff. (4) At the taxation of any bill of costs, the taxing officer may call
for any book, document, paper or account that, in the taxing officer’s
opinion, is necessary to properly determine any matter arising from the
taxation. (5) Any person requesting a taxation must complete LRA Form 7.17 and
must satisfy the taxing officer- (a) of that party’s entitlement to be present at the taxation; and (b) that the party liable to pay the bill has
received notice of the date, time and place of the taxation. (5) Despite subrule (4), notice need not be
given to a party- (a) who failed to appear or to be represented at the hearing; or (b) who consented in writing to the taxation
taking place in that party’s absence. (6) Any decision by a taxing officer is subject to review by the 40 Certification and enforcement of arbitration awards (1) An application to have an arbitration award certified must be made
on or contain the information in- (a) LRA Form 7.18 in respect of an award by a commissioner; (b) LRA Form 7.18A in respect of an award in arbitration conducted
under the auspices of a bargaining council. (2) Any arbitration award that has been certified in terms of section
143 of Act that orders the payment of an amount of money, may be executed: (a) by using the warrant of execution in the LRA Form 7.18 or LRA Form
7.18A; or (b) the warrant of execution prescribed in
the Rules for the Conduct of Proceedings in the High Court. (3) For the purposes of subrule (2), an
arbitration award includes an award of costs in terms of section 138 (10), a
taxed bill of costs in respect of an award of costs and an arbitration fee
charged in terms of section 140 (2). 41 What words mean in these rules Any expression in
these rules that is defined in the Labour Relations
Act 8, 1995 (Act 66 of 1995), has the same meaning as in that Act and- ‘Act’ means the Labour Relations Act, 1995 (Act 66 of 1995), and includes
any regulation made in terms of that Act; ‘association’
means any unincorporated body of persons; ‘Commission’
means the Commission for Conciliation Mediation and Arbitration established
by section 112 of the Act;, ‘commissioner’
means a Commissioner appointed in terms of section 117 of the Act; ‘con-arb’ means proceedings held in terms of section 191 (5A); ‘deliver’ means
serve on other parties and file with the Commission; ‘Director’
means the Director of the Commission appointed in terms of section 118 of the
Act, and includes any person delegated by the director to perform any of the functions
of the director; ‘file’ means to
lodge with the Commission in terms of rule 7; ‘ ‘party’ means any
party to proceedings before the Commission; ‘provincial
registrar’ means the provincial registrar of the Commission appointed in
terms of section 120 of the Act in each of the provinces, or any other person
authorised to act in the place of the Provincial
Registrar; ‘public
holiday’ means a public holiday referred to in section 1 of the Public
Holidays Act, 1994 (Act 36 of 1994); ‘rules’ means
these rules and includes any footnote to a rule; ‘senior
commissioner’ means a senior commissioner appointed in terms of section 117
of the Act and includes any person delegated by the senior commissioner to
perform any of the functions of the senior commissioner; ‘serve’
means to serve in accordance with rule 5 and ‘service’ has a corresponding
meaning; and ‘taxing officer’ means any employee of the Commission
appointed by the Director in terms of rule 39. SCHEDULE ONEADDRESSES OF THE COMMISSIONThe addresses of the
head office of the Commission are as follows: CCMA HEAD OFFICEThe National
Registrar Physical address: CCMA House 2001 Postal address: Private Bag X94 2107 Telephone: (011) 377-6650 Fax: (011) 834-7351 The addresses of the
provincial offices of the CCMA are as follows: CCMA
The RegistrarPhysical address: 6001 Postal address: Private Bag X22500 6000 Telephone: (041) 586-4466 Fax: (041) 586-4585/6 CCMA The RegistrarPhysical address: CCMA House Cnr. Elizabeth & West Kruger Streets 9301 Postal address: Private Bag X20705 Bloemfontein 9300 Telephone: (051) 505-4400 Fax: (051) 448-4468/9 CCMA GAUTENG
The RegistrarPhysical address: CCMA House Postal address: Private Bag X96 2107 Telephone: (011) 377-6600 Fax: (011) 377-6658; 377-6680; 377-6804;
377-6618; 377-6678 or 834-7331 CCMA KWAZULU
The RegistrarPhysical address: Garlicks
Chambers 4001 Postal address: Private Bag X54363 4000 Telephone: (031) 306-5454 Fax: (031) 306-5401/4 CCMA
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