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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI: Dispute Resolution Collective Agreement

Extension of Dispute Resolution Collective Agreement to Non-parties

Annexures

Annexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)

Chapter One : Service and Filing of Documents

5. Service of documents on other parties

Purchase

(1)	A party must serve a document on the other party or parties—

(a)	by handing a copy of the document to—

(i)	the party or parties concerned;

(ii)	a representative authorised In writing to accept service on behalf of the party or parties;

(iii)

a person who is in charge of the party's place of residence, business or place of employment and who appears to be at least 16 years of age.

(b)	by leaving a copy of the document on the main door or other visible area at the address chosen by the party to receive service;

(c)	by faxing a copy of the document to the party's fax number or to a fax number chosen by that party to receive service;

(d)	by e-mailing a copy of the document to the party's e-mail address or to an e-mail address chosen by that party. The relevant provisions of the Electronic Communications and Transactions Act 25 of 2002 are applicable to service by e-mail;

(e)	by sending a copy of the document by registered mail to the last known postal address of the party or to a postal address chosen by the party to receive service;

(2)	A document may also be served on—

(a)	a company or other body corporate by handing a copy of the document to a responsible employee of the company or body corporate at its head office, its principal place of business within the Republic or its office where the dispute arose;

(b)	on an employer by handing a copy of the document to a responsible employee of the employer at the workplace where the employee(s) 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 head 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 chairperson 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 other person authorised to accept service;

(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 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)	The Council or a commissioner may order service of a document in a manner other than prescribed in this Rule.

(4)

The Council may, if so requested by an unrepresented employee earning less than the threshold prescribed by the Minister under section 6(3) of the Basic Conditions of Employment Act of 1997, provide administrative assistance to that employee to serve any notice or document in respect of any proceedings in terms of the Act or these Rules, provided that the employee remains responsible in law for any such service.