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