Labour Court Main Division - 2024 October

4 judgments
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4 judgments
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Judgment date
October 2024
30 October 2024

Labour – Appeal – Arbitration award Labour Act 11 of 2007 Point in limine – Defective grounds of appeal

A defective notice of appeal is dispositive of the matter – An appeal is lodged in terms of s 89(1)(a) of the Labour Act, on questions of law alone.

25 October 2024

Labour Law – Appeal in terms of s 89(1)(a) of the Labour Act, 2007– Appeal against decision of the Labour Commissioner in dismissing a point in limine – Defective LC 21 – Legal formalism – Form over substance

25 October 2024

Labour Appeal – Labour Act 11 of 2007 – Appeal against an award issued by the arbitrator - Appeal upheld.

Civil procedure – Whether the court is functus officio after striking a defective notice from the roll without finality – Does not equate to final determination that would invoke functus officio.

Labour Law — Unfair labour practice — Appellant employed on fixed term contract — Contract terminated by effluxion of time — No notice of termination required.

Labour law – Arbitrator’s award – Award of monetary compensation – Arbitrator making award based on mathematical calculations whereby amount of compensation was reached by multiplying monthly remuneration of employee with the number of months between date of dismissal and date dismissal adjudged to be unfair by arbitrator – Arbitrator’s decision set aside.

24 October 2024