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

Annexures

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

Chapter One : Service and Filing of Documents

6. Proof of service

Purchase

(1)	A party must prove to the Council or to a commissioner that a document was served in accordance with Rule 5 by providing the Council or a commissioner with—

(a)	a copy of the registration slip that the document was sent by registered mail to the other party;

(b)

a copy of the fax transmission report indicating the successful fax transmission of the whole document to the other party. The Council may request an affidavit from the person who sent the fax to confirm that the whole document was successfully transmitted and that the number to which it was sent was the correct number of the recipient;

(c)

(i)	if a document was served by e-mail, with a copy of the sent e-mail, indicating the successful transmission of the document and all attachments to the other party;

(ii)	the Council may request an affidavit from the person who sent the e-mail to confirm that the document was successfully sent and that the e-mail address to which it was sent was the correct address of the recipient;

(iii)

the relevant provisions of the Electronic Communications and Transactions Act 25 of 2002 are applicable to service by e-mail.

(d)	if a document was served by hand—

(i)	with a copy of a receipt signed by, or on behalf of, the recipient which clearly indicates the name and job title of the recipient and the place, time and date of service; or

(ii)	with an affidavit, confirming service, signed by the person who delivered a copy of the document to the other party or left it at the premises of the other party; or