45. The form is completed by the applicant who refers a dispute to the court. This statement should be filed with the Registrar within 30 days of the date that a certificate by the Commissioner is issued in terms of section 8 (10) of the Trade Disputes Act.
When the statement of case is filed, the Registrar enters the referral of the dispute in the case register and gives the referral a case number.
A statement of case must –
a. Be signed by the party or the authorized representative of the party;
b. Contain clear and concise particulars of the dispute and any material facts on which the applicant relies for the relief sought;
c. Contain an address at which the applicant will accept service;
d. Set out clearly the nature of the relief sought;
e. Contain a notice that if the other party (respondent)
i. Intends opposing the application, the respondent must deliver a statement of defence within 14 days after the service of the statement of case; or
ii. Fails to deliver a statement of defence, the Court may in the absence of the respondent, determine the dispute;
Contain a list of documents relevant to the dispute which are under the applicant’s possession and control.
A copy of the statement of case must be served on the other parties to the dispute within 14 days of the filing of the certificate issued by the Commissioner.