Labour Court Main Division - 2024 April

7 judgments
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7 judgments
Citation
Judgment date
April 2024
29 April 2024

Labour Law – Appeal against an arbitration award – Appeal restricted to questions of law only in terms of Labour Act 11 of 2007, section 89(1)(a) – Whether decision of arbitrator was one which a reasonable arbitrator could make taking into account all the evidence and facts – Appeal against an arbitration award – Non-compliance with rule 17(16) – Non-compliance fatal – Appeal proceeds unopposed.

25 April 2024
12 April 2024

Practice – Labour law – To note an appeal against an arbitration award, forms 11 and LC 41 notices of appeal must both be delivered to the registrar, the labour commissioner and the other parties within 30 calendar days of receipt of the award and the form LC 41 notice of appeal must contain the questions of law appealed against and the grounds of appeal – To note a cross-appeal against an arbitration award, the notice of cross-appeal, setting out the same information required in the notice of appeal, must be delivered to the labour commissioner within seven days after the noting of the appeal, and the cross-appeal must be sent simultaneously with its lodging to all other parties, and proof of service thereof, on form LG 36, must be filed with the labour commissioner and the registrar – The term ‘deliver’ in the Labour Court Rules requires service on all parties under Labour Court r 5 and filing the original with the registrar – In the Rules Relating to the Conduct of Conciliation and Arbitration (Conciliation and Arbitration Rules) ‘deliver’ means to serve on other parties under Conciliation and Arbitration r 6 and file with the labour commissioner – If an appeal or cross-appeal is not properly noted, there is no appeal or cross-appeal.

 

Practice – Condonation – Labour Court r 15 – Meaning of ‘good cause’ restated – Applicant’s explanation in the first condonation application is insufficient, and in the third condonation application, it is weak – Applicant failed to show he has a reasonable prospect of success – Applicant has no prospects of success – First respondent’s explanation in the second condonation application is unreasonable and insufficient – First respondent has no prospects of success – The condonation applications cannot succeed.

5 April 2024
5 April 2024

Labour law – Unfair dismissal – Employer bearing onus to prove fairness of the dismissal – Court finding that arbitrator properly found that the dismissal was substantively unfair and properly awarded reinstatement and compensation.

5 April 2024
5 April 2024