Matter to be considered in determining representative complaints
115 Matter to be considered in determining representative complaints
The Tribunal shall not permit a complaint to be dealt with as a representative complaint unless it is satisfied that the complaint is made in good faith as a representative complaint.
In considering whether a complaint is made in good faith as a representative complaint, the Tribunal shall satisfy itself —
that —
the complainant is a member of a class of persons, the members of which class have been affected, or may reasonably be likely to be affected, by the conduct of the respondent; and
the complainant has in fact been affected by the conduct of the respondent; and
the class is so numerous that joinder of all its members is impracticable; and
there are questions of law or fact common to all members of the class; and
the claims of the complainant are typical of the claims of the class; and
multiple complaints would be likely to produce varying determinations which could have incompatible or inconsistent results for the individual members of the class; and
the respondent has acted on grounds apparently applying to the class as a whole;
or
that notwithstanding that the requirements of paragraph (a) have not been satisfied, the justice of the case demands that the matter be dealt with and a remedy provided by means of a representative complaint.
[Section 115 amended: No. 57 of 1997 s. 55(5).]
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