LLA 1645A Applications for substitution and citation

R200.00

This article explains how to substitute one party for another, and how to change the citation of a party by way of applications to the CCMA or Bargaining Council.

This article is part of the book “A Practitioner’s Guide to Labour Dispute Resolution

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1.                             Substitution

What is substitution? The process by which a party to a dispute which has been referred to a council is replaced by another person, who then becomes a party to the dispute in place of the first party is called ‘substitution’. Some council Rules allow the substitution of an existing party to the  dispute with another person. Such substitution is not the same as a joinder as the original party to the dispute withdraws and is replaced by the substituting party.
How is a party substituted? Substitution is affected by way of an application in terms of the Rules of the council or CCMA. This application is directed to the Secretary of the council [PSCBC] or the Registrar of the CCMA and not to the Commissioner. A Commissioner may not of his/her own accord initiate or order substitution.

2.          Applications regarding the citation of a party

What is ‘citation’? A party who refers a dispute to the CCMA or bargaining council is required to state the name of the employer party correctly. If the referring party does not know the name of the employer party, the referral is not valid.

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