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

Regulations

Essential Service Committee Regulations

Part C - General Provisions

24. How to postpone ESC proceedings

 

(1) A hearing may be postponed—
(a) By agreement of the parties
(b) By application and on notice to the other parties

 

(2) The Committee must postpone the hearing without the parties appearing if:
(a) All the parties to the dispute agree in writing to the postponement; and
(b) The written agreement for the postponement is received by the Committee more than seven (7) days prior to the scheduled date of the hearing.

 

(3) If the conditions of subrule (2) are not met, any party may apply to postpone the hearing by delivering an application to the other parties to the dispute and filing a copy with the Committee before the scheduled date of the arbitration.

 

(4) After considering the written application, the Committee may—
(a) without convening a hearing, postpone the matter; or
(b) convene a hearing to determine whether to postpone the matter.

 

(5) Shorter postponement timelines may be considered by the Committee for Section 73 cases.