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Related documents
South Africa
Labour Relations Act, 1995
Rules for the Conduct of Proceedings in the Labour Court, 1996
Government Notice 1665 of 1996
- Published in Government Gazette 17495 on 14 October 1996
- Commenced on 11 November 1996
- [This is the version of this document from 20 August 2001.]
- [Amended by Rules for the Conduct of Proceedings in the Labour Court: Amendment (Government Notice R961 of 1997) on 11 July 1997]
- [Amended by Rules for the Conduct of Proceedings in the Labour Court: Amendment (Government Notice 1100 of 1998) on 4 September 1998]
- [Amended by Rules for the Conduct of Proceedings in the Labour Court: Amendment (Government Notice R766 of 2001) on 20 August 2001]
1. Definitions
Any expression in these rules that is defined in the Labour Relations Act, 1995 (Act No. 66 of 1995), has the same meaning as in that Act and—“Act” means the Labour Relations Act, 1995 (Act No. 66 of 1995), and includes any regulation made in terms of that Act;“association” means any unincorporated body of persons;“court” means the Labour Court established by section 151 of the Act and includes any judge of the court;“day” means any day other than a Saturday, Sunday or public holiday, and when any particular number of days is prescribed for the doing of any act, the number of days must be calculated by excluding the first day and including the last day;[definition of "day" amended by section 2 of Government Notice 1100 of 1998]“deliver” means serve on other parties and file with the registrar;“firm” means a business carried on by a sole owner or body corporate under a separate name;“Judge President” means the Judge President of the court;“notice” means a written notice, and “notify” means to notify in writing;“party” means any party to court proceedings and includes a person representing a party in terms of section 161 of the Act;“public holiday” means a public holiday referred to in section 1 of the Public Holidays Act, 1994 (Act No. 36 of 1994);“registrar” means the registrar of the court appointed in terms of section 155(1) of the Act and includes any deputy registrar or other person authorised to act in the place of the registrar or deputy registrar;“rules” means these rules and includes any footnote to a rule; and“serve” means to serve in accordance with rule 4(1), and “service” has a corresponding meaning.2. Office hours and address of registrar
3. Issue of documents and registrar’s duties
4. Service of documents
5. Filing of documents
6. Referrals 1
7. Applications2
7A. Reviews3
8. Urgent relief
9. Appeals to the Labour Court4
10. Reviews in chambers 5
11. Interlocutory applications and procedures not specifically provided for in other rules
12. Extension of time limits and condonation
13. Withdrawals and postponements
14. Set down of postponed matters
15. Matters struck off the roll
16. Default judgments
16A.
17. Consent to orders
18. Heads of argument
19. Submissions by an amicus curiae
20. Partnership, firms and unincorporated associations
21. Representation of parties
22. Joinder of parties, intervention as applicant or respondent, amendment of citation and substitution of parties
22A. Offer of settlement
22B. Pagination
23. Consolidation of proceedings
24. Costs
25. Taxation
26. Service and enforcement of court orders
In terms of section 163 of the Act, service and execution of the court’s decisions, judgments or orders must take place in accordance with the procedure for service and execution of decisions, judgments or orders of the High Court of South Africa.[rule 26 amended by section 9 of Government Notice R961 of 1997]27. Oath of office of interpreter
28. Labour Court as court of record
29. Witness fees
30. Application for leave to appeal to the Labour Appeal Court*
31. Sworn translators
Any person admitted and enrolled as a sworn translator of any division of the High Court of South Africa is deemed to be a sworn translator for the court.[rule 31 amended by section 9 of Government Notice R961 of 1997]32. Subpoenas
33. Commencement of rule
These rules will come into operation on the day that the whole of the Act comes into operation.History of this document
20 August 2001 this version
04 September 1998
11 July 1997
11 November 1996
Commenced