What procedures need to be followed when submitting a Review Application with the Labour Court?

What procedures need to be followed when submitting a Review Application with the Labour Court?

The short answer

Review Applications must be initiated within six weeks of the award from the CCMA.

The whole question

Dear Athalie

My case was at the CCMA until September. On 21 October, the CCMA found in favour of my employer, so now I want to take the matter to the Labour Court for review. I already have the case number but I’m not sure whether it’s too late to submit the application, affidavit and transcripts. Please advise.

The long answer

If you received your award on 21 October, you should have started the Review Application by 2 December.

The Labour Court may agree to condone a late Review Application if you can show good cause for it being late. You will need to submit a Condonation Application to the Labour Court, and the other party (your employer) in turn has the right to oppose the Review Application as well as the Condonation application.

A Review Application is initiated by what is called a Notice of Motion, which you must support with a founding affidavit. You can make this affidavit yourself or it can be made by your legal representative. This founding affidavit must set out the grounds or reasons you are relying on to have the CCMA award reviewed successfully by the Labour Court.

You already have the case number that you need to submit with the founding affidavit and Notice of Motion. The Review Application must be served on the other party (the employer) and the CCMA before it is filed at the Labour Court. You also have to file proof of service to the employer and the CCMA at the Labour Court, together with the Notice of Motion and Founding Affidavit.

The Labour Court may halt the enforcement of the CCMA award by the employer until it has made a final decision regarding the Review Application.

If the Labour Court sets aside the CCMA award, it could make its own correction to the CCMA award, but usually it opts to have the dispute heard again by a new CCMA commissioner.

Wishing you the best,

Answered on Jan. 10, 2022, 12:07 p.m.

Original article: https://www.groundup.org.za/qanda/508/