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

Commission for Conciliation, Mediation and Arbitration

Rules for the Conduct of Proceedings before the CCMA, 2023

Part Eight: General

41. What words mean in these Rules

 

(1) Any expression in these Rules that is defined in the Labour Relations Act, 1995 (Act 66 of 1995),  and other employment law, has the same meaning as in that Act and—

 

(2) 'Act' means the Labour Relations Act, 1995 (Act 66 of 1995), and includes any regulation made in terms of that Act;

 

(3) 'Association' means any unincorporated body of persons;

 

(4) ‘BCEA’ means Basic Conditions of Employment Act (Act 75 of 1997);

 

(5) 'Commission' means the Commission for Conciliation, Mediation and Arbitration established by Section 112 of the Act;

 

(6) 'Commissioner' means a Commissioner appointed in terms of Section 117 of the Act;

 

(7) 'Con-arb' means proceedings held in terms of Section 191(5A) of the Act;

 

(8) 'Data subject' in terms of the application of the Protection of Personal Information Act, 4 of 2013 (POPIA), means a person to whom personal information relates.

 

(9) 'Deliver' means serve on other parties and file with the Commission;

 

(10) 'Director' means the Director of the Commission appointed in terms of section 118 of the Act, and includes any person delegated by the Director to perform any of the functions of the Director;

 

(11) 'Employment Law' for the purposes of these Rules, includes the Labour Relations Act, 66 of 1995, and any other Act of which the administration has been assigned to the Minister of Employment and Labour and any of the following Acts:
a. The Basic Conditions of Employment Act (Act 75 of 1997)
b. The Employment Equity Act, (Act 55 of 1998)
c. The Mine Health and Safety Act, (Act 29 of 1996)
d. The National Minimum Wage Act, (Act 9 of 2018)
e. The Skills Development Act, (Act 97 of 1998)

 

(12) 'File' means the delivery of a document with the Commission in terms of Rule 7;

 

(13) 'Labour Court' means the Labour Court established by Section 151 of the Act and includes any judge of the Labour Court;

 

(14) 'Party' means any party to proceedings before the Commission;

 

(15) 'Personal information' [in terms of the application of POPIA] means "information relating to an identifiable, living natural person or juristic person as far as applicable, an identifiable, existingjuristic person including, but not limited to—
(a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
(b) information relating to the education or the medical, financial, criminal or employment history of the person;
(c) any identification number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
(d) the biometric information of the person;
(e) the personal opinions, views or preferences of the person;
(f) correspondence send by that person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
(g) the views or opinions of another individual about the person; and
(h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

 

(16) 'Processing' [in terms of the application of POPIA] means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including—
(a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
(b) dissemination by means of transmission, distribution or making available in any other form; or
(c) merging, linking, as well as restriction, degradation, erasure or destruction of information.

 

(17) 'Provincial Senior Commissioner' means the Senior Commissioner appointed in terms of section 117 of the Act to manage the operations of a province;

 

(18) 'Public holiday' means a public holiday referred to in section 1 of the Public Holidays Act, 1994 (Act 36 of 1994);

 

(19) 'Regional Senior Commissioner' means the Senior Commissioner appointed in terms of section 117 of the Act to manage a region within a province.

 

(20) 'Rules' means these Rules and includes any footnote to a Rule;

 

(21) 'Senior Commissioner' means a Senior Commissioner appointed in terms of section 117 of the Act and includes any person delegated by the Senior Commissioner to perform any of the functions of the Senior Commissioner;

 

(22) 'Serve' means to deliver a document in accordance with Rule 5 and 'service' has a corresponding meaning.