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R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesSouth African Road Passenger Bargaining CouncilExtension to Non-Parties of the Main Collective AgreementAnnexuresAnnexure B - Dispute Resolution6. Condonation for late referral |
6.1 | Late referral applies to any document, including a referral or an application document , lodged with SARPBAC outside of the period prescribed in the Act or this appendix. |
6.2 | A Party lodging a late referral and/or document must apply for Condonation at the same time as lodging such late referral and/or document. |
6.3 | An application for Condonation must set out the grounds for seeking Condonation and must include details of the following; |
6.3.1 | the degree of lateness, |
6.3.2 | the reasons for the lateness and degree of fault, |
6.3.3 | the referring Party's prospects of succeeding with the dispute and obtaining the relief sought against the other Party or Parties, |
6.3.4 | any prejudice to the other Parties and |
6.3.5 | all.other relevant factors. |
6.4. | SARPBAC shall not accept any late referral without a Condonation application being attached to such late referral together with documented proof that all other Parties to the dispute have been notified about the late referral and application for Condonation. |
6.5. | Once a Condonation application has been submitted the responding Party or Parties must, should they wish to oppose such application, lodge written objections thereto within fifteen (15) days of receipt of the notice of such Condonation application. |
6.6. | A Commissioner will be appointed and will consider the late application and any objections lodged against the said application within fifteen (15) days after the date allowed, in terms of Clause 6.5 above, for submission of objections to such late referral and Condonation application. |