Court Code
NALCMD

Prescription – Extinctive prescription – Interruption of – By service of counter-application – Act 68 of 1969 section 15(1) – Lapsing of such interruption in terms of section 15(2) – Failure by the applicant to 'successfully prosecute its claim under the process in question to a final executable judgment’.

 

Labour Appeal – Labour Act 11 of 2007 – Appeal against the award issued by the arbitrator

Labour Law — Section 86(2)(b) of the Labour Act 11 of 2007 — A dispute, other than one concerning a dismissal, to be referred to the Labour Commissioner within one year of dispute having arisen —  On the facts the third respondent’s dispute regarding his overtime payment arose on 25 October 2017 – Third respondent referred his dispute to the Labour Commissioner two years and seven months after the dispute arose ­— Arbitrator dismissed appellant’s point in limine that the respondent’s dispute had prescrib

Civil Practice – Motion Proceedings – Authorisation to institute or prosecute proceedings on behalf of a legal persona – Where the issue of authority is raised in the answering affidavit and it is not alleged in the founding affidavit, applicant has the opportunity to cure the defect in reply – The court is at large to enquire into the issue of authority to bring proceedings to satisfy itself that the legal persona does not,

Labour Law – jurisdiction of court where there is non-compliance with s 89 of the Labour Act – Practice – the importance of filing a notice of motion and consequences of not doing so – service of process in labour matters - what constitutes a notice of appeal according to s89, read with, the rules of Court and the arbitration and conciliation rules?

Labour Law – appeal in terms of s 89 of the Labour Act – whether dismissal was substantively fair – whether appellant proved by admissible evidence that the respondent had committed the disciplinary offences of which he had been charged with – reinstatement – circumstances in which reinstatement should be ordered.