South African Council for Educators Act, 2000
R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)Commission for Conciliation, Mediation and ArbitrationRules for the Conduct of Proceedings before the CCMAPart One : Serving and Filing Documents5. How to serve documents on other parties |
| (1) | A party must serve a document on the other parties— |
| (a) | by handing a copy of the document to— |
| (i) | the person concerned; |
| (ii) | a representative authorised in writing to accept service on behalf of the person; |
| (iii) | a person who appears to be at least 16 years old and in charge of the person's place of residence, business or place of employment premises at the time; |
| (iv) | a person identified in sub-rule (2); |
| (b) | by leaving a copy of the document at— |
| (i) | an address chosen by the person to receive service; or |
| (ii) | any premises in accordance with sub-rule (3); |
| (c) | by e-mailing, faxing or telexing a copy of the document to the person's fax or telex number respectively, or an e-mail address, fax or telefax number chosen by that person to receive service; |
| (d) | by sending a copy of the document by registered post or telegram to the last-known address of the party or an address chosen by the party to receive service. |
| (2) | A document may also be served— |
| (a) | on a company or other body corporate by handing a copy of the document to a responsible employee of the company or body at its registered office, its principal place of business within the Republic or its main place of business within the magisterial district in which the dispute first arose; |
| (b) | on an employer by handing a copy of the document to a responsible employee of the employer at the workplace where the employees involved in the dispute ordinarily work or worked; |
| (c) | on a trade union or employers' organisation by handing a copy of the document to a responsible employee or official at the main office of the union or employers' organisation or its office in the magisterial district in which the dispute arose; |
| (d) | on a partnership, firm or association by handing a copy of the document to a responsible employee or official at the place of business of the partnership, firm or association or, if it has no place of business, by serving a copy of the document on a partner, the owner of the firm or the chairman or secretary of the managing or other controlling body of the association, as the case may be; |
| (e) | on a municipality, by serving a copy of the document on the municipal manager or any person acting on behalf of that person; |
| (f) | on a statutory body, by handing a copy to the secretary or similar officer or member of the board or committee of that body, or any person acting on behalf of that body; or |
| (g) | on the State or a province, a state department or a provincial department, a minister, premier or a member of the executive committee of a province by handing a copy to a responsible employee at the head office of the party or to a responsible employee at any office of the State Attorney. |
| (3) | If no person identified in sub-rule (2) is willing to accept service, service may be effected by affixing a copy of the document to— |
| (a) | the main door of the premises concerned or; |
| (b) | if this is not accessible, a post-box or other place to which the public has access. |
| (4) | The Commission or a commissioner may order service in a manner other than prescribed in this Rule. |
