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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI: Dispute Resolution Collective Agreement

Extension of Dispute Resolution Collective Agreement to Non-parties

Annexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)

Chapter Five : Rules that apply to conciliations, arbitrations and other proceedings

28. Joinder and substitution

Purchase

(1)	The Council or the Commissioner seized with a matter may, at any time prior to the conclusion of an arbitration hearing, join any person as a party to the proceedings if that person's right to relief depends on substantially the same question of law or fact.

(2)	The Commissioner seized with a matter may, at any time during any proceedings, order the joining of any person as a party to the proceedings if the person to be joined has a substantial interest in the subject matter and/or outcome of the proceedings.

(3)	The Commissioner may make an order in terms of sub-rule (2)—

(a)	of his or her own accord;

(b)	on application by a party; or

(c)	on application by a person who has an interest in the matter before the Council and who is entitled to be joined to the proceedings.

(4)	When making an order in terms of sub-rule (2), the Commissioner may—

(a)	give appropriate directions as to further procedures in the proceedings; and

(b)	make an order of costs in accordance with these Rules.

(5)

If in any proceedings it becomes necessary to substitute a party with another person, any party to the proceedings may apply to the Council for an order substituting that party with the other person and the Commissioner seized with the matter may make such order and/or give appropriate directions as to the further procedures in the proceedings.

(6)	An application to join a person or to substitute a party may be made at any time prior to the conclusion of an arbitration hearing and must be made in accordance with Rule 35.

(7)	An application to join a person as a party to proceedings or to substitute an existing party with another person must be accompanied by copies of all documents previously delivered, unless the person concerned or his or her representative is already in possession of the documents.

(8)	Subject to any order made in terms of sub-rules (4) and (5), a joinder or substitution in terms of this Rule does not affect any steps already taken in the proceedings.