Labour Court Main Division - 2025 May

Practice — Application for condonation — Court satisfied the requirements of condonation has been met — The appeal is therefore reinstated.

Practice — Labour Court — Stay of execution of arbitration award pending appeal – Section 89 (6), (7) and (8) of Labour Act — The balance of hardship favours the respondent.

Application to strike out – Third respondent (UNAM) applying to have averments struck out in founding affidavit in terms of Rule 58 - Grounds – Averments found to be scandalous, vexatius, or irrelevant and prejudicial –   Application to strike out granted accordingly.

Labour Law – Appeal – Interference with arbitrator’s finding – Where no evidence presented – Specified Damages – Sufficient evidence must be led – Onus on the appellants – Fatal omission – Failure to discharge onus – Appeal dismissed.

Labour law – Review – Labour Act 11 of 2007 – Section 89 – There must be a defect in the proceedings for it to be reviewable – Defect entails that the arbitrator must have committed misconduct, acted grossly, irregular or exceeded his power, or the award must have been improperly obtained – The applicant has failed to evince that any of the aforementioned defects are present in the case – The application is dismissed.

Practice – Recusal of presiding officer – Principles for recusal restated – No case has been made out for the recusal of the presiding officer

Labour law – Labour appeal – Against arbitration award – Retrenchment – Non-compliance with the procedure set out in s 34 of the Act amounts to procedural unfairness.