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Regulation Gazette No. 43343, 22 May 2020, Vol 659 No. 11116, Page 52

20200522 - Regulation Gazette No 43343 of 22-May-2020, Volume 659 No 11116, page 52

Page	52 of 124
Gazette	Regulation Gazettes, No 43343, from 22 May, 2020
Department	Labour
Notice	Page No. 35 of 50, Notice No. 581, Labour Relations Act, 1995 » Correction Notice » Bargaining Council for the Civil Engineering Industry (BCCEI) » Extension of Dispute Resoulution Collective Agreement to Non-Parties

52    No. 43343                GOVERNMENT GAZETTE, 22 MAY 2020

27.  Consolidation of disputes

(1)  The Council, of its own accord, or a commissioner, of his  or her own accord, may
                            consolidate more than one dispute so that the disputes  are dealt with in the same
                            proceedings.

(2)  Parties may agree to have disputes consolidated, in which  case a commissioner must
                            issue a written ruling in which the consolidation is confirmed  or the parties may file a written
                            and signed agreement to confirm the consolidation.

(3)  Any party to a dispute may apply for the consolidation of  disputes, in which case an
                            application must be made in accordance with Rule 35 and  a commissioner must issue a
                            written ruling, allowing or dismissing the application.

28.  Joinder or substitution of parties

(1)  The Council or the Commissioner seized with  a matter may, at any time prior to the
                            conclusion of an arbitration hearing, join any person as a party to the proceedings if that
                            person's right to relief depends on substantially the same question of law or fact.

(2)  The Commissioner seized with a matter may, at any time during any proceedings, order
                            the joining of any person as a party to the proceedings if the  person to be joined has a
                            substantial interest in the subject matter and/or outcome of the proceedings.

(3)  The Commissioner may make an order in terms of sub-rule (2) -

(a) of his or her own accord;
                            (b) on application by a party; or
                            (c)  on application by a person who has an interest in the matter before the Council and
                                who is entitled to be joined to the proceedings.

(4)  When making an order in terms of sub-rule (2), the Commissioner may -

(a) give appropriate directions as to further procedures in the proceedings; and
                            (b) make an order of costs in accordance with these Rules.

(5)  If in any proceedings it becomes necessary to substitute  a party with another person, any
                            party to the proceedings may apply to the Council for an order substituting that party with
                            the other person and the Commissioner may make such order and /or give appropriate
                            directions as to the further procedures in the proceedings.

< page 51	View full Gazette No. 43343	page 53 >

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