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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI : Extension of Dispute Resolution Collective Agreement to Non-Parties

Dispute Resolution Collective Agreement for the Civil Engineering Industry

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

24. Condonation for the late filing of documents or failure to comply with the Rules

 

(1) This Rule applies to all referral documents, applications and other documents which are delivered outside of the applicable time period prescribed in the Act or these Rules.

 

(2) Condonation must be applied for in accordance with Rule 35 when a document is filed late with the Council or as soon as the party who has filed a document becomes aware that the document was filed late.

 

(3) An application for condonation must set out the grounds on which condonatlon Is sought and must include details of at least 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 Council or a commissioner may condone, on good cause shown, any failure to comply with any time period provided for in the Act or these Rules.

 

(5) In deciding whether or not to grant condonation, the Council or commissioner may act in such a manner as is deemed expedient in the circumstances In order to achieve the objectives of the Act. In doing so, regard shall be had to substance rather than form.