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

Commission for Conciliation, Mediation and Arbitration

Rules for the Conduct of Proceedings before the CCMA, 2023

Part Six: Applications

31B. How to apply for the enforcement of written undertakings and/or compliance orders

 

(1) This Rule applies to any—
(a) application for an undertaking to be made an arbitration award in terms of section 68(3) of the BCEA; and
(b) application for a compliance order to be made an arbitration award in terms of section 73(1) of the BCEA.

 

(2) An application must be brought in a prescribed form, to which the following documents must be attached:
(a) a copy of the undertaking or compliance order;
(b) in the case of a compliance order, proof that the compliance order was served on the employer in accordance with the BCEA;
(c) any documents related to the securing an undertaking or issuing of a Compliance order, including, a complaint or grievance, an inspection report or other notes made during an inspection and any relevant records of the employer;
(d) an Inspector Confirmatory affidavit, if the inspector is not the one signing the prescribed form;
(e) supporting witness or third party affidavits, where applicable;
(f) any other relevant documents.

 

(3) The application must be signed and commissioned by the referring party and served on all persons who have an interest in the matter, including the employer and  the employee.

 

(4) An employer may, subject to the provisions of the BCEA, object to a written undertaking or compliance order being made an arbitration award by serving and filing an affidavit setting out its objections in accordance with the provisions of this Rule.

 

(5) An objection affidavit in terms of sub-rule 4 must be delivered, supported by relevant documents, to the Department of Employment and Labour and any affected employee(s) and filed with the Commission within five (5) days from the date on which the application was served on the employer.

 

(6) The party initiating the proceedings may deliver a reply within three (3) days from the day on which any objection is served on it.

 

(7) The reply must address only issues raised in the objection affidavit contemplated in sub-rule 4 and may not introduce new issues of fact or law.

 

(8) The Commission must, once a reply is delivered or the time limit for delivering a reply has lapsed, whichever occurs first, appoint a commissioner to determine the application by considering the documents fried in terms of this Rule.

 

(9) Despite sub-rule 7, the commissioner may, if appropriate, request allocation of a hearing date, in which event the Commission must notify the parties of the date, time and place of the hearing of the application.

 

(10) The application may be heard on a motion roll.