Statute – Interpretation – Word ‘days’ in s 89(2) Labour Act 11 of 2007 and Conciliation and Arbitration r 23(2) not defined therein – Section 4 Interpretation of Laws Proclamation 37 of 1920 applies.
Statute – Interpretation – Section 89(2) Labour Act 11 of 2007 – Award being served – Service of award and word ‘serve’ not defined in Act – Section 129 of the Act – Service of documents – Section 129(2) of the Act does not apply to service of award – Conciliation and Arbitration r 21(1) read with r 1(1) and 6 apply – Arbitrator must serve award on parties under Conciliation and Arbitration r 6 – Conciliation and Arbitration r 6(3)(a) – Service on company – Irregular service of ruling on applicant company by email – Not a complete failure of service – Substantial compliance with rule – In this instance interpretation of word ‘must’ therein directory and permissive requiring substantial compliance with rule – Appeal noted timeously.
Practice – Labour Court r 17(1) – Different types of appeal – Labour Court r 17(1)(c) – Appeal against arbitration tribunal award – Labour Court r 17(3) applies together with Conciliation and Arbitration r 23 – Labour Court r 17(2) does not apply – Labour Court r 17(3) does not require grounds of appeal to be set out in Form 11 for appeal against award – Labour Court r 17(2) requiring grounds of appeal in Form 11 for other types of appeal distinguished – applicant’s Form 11 not defective.
Condonation – Late prosecution and reinstatement of appeal – Labour Court r 15 – Must show good cause – Two requirements restated – Principles and factors restated – Balancing exercise.
Rescission application – s 88(a) Labour Act 11 of 2007 – principles of High Court r 103(1)(a) apply to s 88(1) – an applicant need not show good cause – such judgment or order should be rescinded without further enquiry – court entitled to have regard not only to record of proceedings of court concerned but also facts set out in affidavit – order granted erroneously where no proper service.