Court Code
NALCMD

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.

Labour Law – Labour Court Act 11 of 2007 – Exclusive jurisdiction of the Labour Court - Propriety of the Deputy Sheriff to attach property at an address not specified in a writ of execution – Applicability of rules 104 and 105 of the High Court in the Labour Court – Rule 18 of Labour Court rules – The importance of the judgment debtor to be called upon to satisfy judgment debt before attachment – Section 31 of the High Court Act – It is f

Labour Appeal — Notice of appeal — Requirements of — Notice of appeal failing to attached Form LC41 as required in terms of rule 17 of Labour Court Rules and rule 23(2) of the Rules Relating to the Conduct of Conciliation and Arbitration before the Labour Commissioner — constituting a nullity resulting in a situation that there is no appeal before the court – accordingly the appeal had to be dismissed.

Labour Appeal – Labour Act 11 of 2007 - Appeal against the award issued by the arbitrator – Arbitrator finding that the respondent was dismissed unfairly – Principles

Labour Law – Arbitral award – Appeals - Such only permissible on questions of law – Finding by the arbitrator that the respondent had a valid reason for dismissing the appellants cannot be sustained – dismissal – Substantive and valid reason must exist for dismissal.

Labour Law – The duty to dispatch the record of proceedings – Rule 17(7) – Steps that can be taken to avoid delays in the dispatching of the record discussed.

Labour law – reinstatement application – appeal – just like an application for condonation, it should be made at the earliest possible opportunity and with promptitude – applicant failed to explain the extremely lengthy periods of inactivity in prosecuting her appeal – applicant’s non-compliance with the applicable rules are 'glaring', 'flagrant' and 'inexplicable' – application for reinstatement dismissed.

Labour Law – Appeal and cross-appeal of an arbitration award – whether the applicant is entitled to remuneration during period of sick leave and dismissal– cross appeal - whether arbitrator misdirected himself in deciding the appellant’s dismissal was unfair - consequently whether the appellant is therefor not entitled to back-pay.

Labour Law – application for stay of execution of award – application for condonation for non-compliance with court rules – requirements to be met – rule 32(9) and (10) – whether they are peremptory in applications for condonation – effect of striking matters from the roll at hearing of labour appeal and the effect thereof on the respondent.