A Review Applications to the Labour Court are initiated by what is called a Notice of Motion supported by a founding affidavit.
The Applicant in Review proceedings could be either the Employer or the Employee.
The founding affidavit must set out the grounds on which the Applicant relies to have the award or ruling reviewed successfully by the Labour Court.
It is important to note that review proceedings must be initiated within six (6) weeks of the Applicant receiving the award or ruling from the CCMA or BC.
The Labour Court may condone a late Review Application on good cause shown by way of the submission of a Condonation Application and the other party, in turn, has the right to oppose the Review Application as well as the Condonation Application.
A case number must be obtained from the Registrar of the Labour Court holding jurisdiction prior to the filing of the Notice of Motion and Founding Affidavit.
The Review Application must be served on all the Respondents (either the Employee or the Employer) as well as on the CCMA or Bargaining Council before it is filed at the Labour Court.
Proof of service on all the parties must also be filed at the Labour Court along with the Notice of Motion and Founding Affidavit.
There are some interim procedures that are also done. For example, filing of the record of proceedings as well.
The process of a Review Application to the Labour Court can be complex one and it is highly recommended that any Applicant initiating such proceedings enlist the assistance of a specialist labour attorney who is familiar with the process and the rules of the Labour Court.
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=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
EMAIL: Law@legal-leaders.co.za
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=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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=== TIME STAMPS===
00:00 Introduction
00:39 Time Frame
00:54 How to take it to the Labour Court
01:17 Supporting Affidavit
02:39 Serving Affidavit
04:10 Labour Court Ruling
04:42 Summary
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=== RESOURCES CITED IN THIS VIDEO===
Labour Relations Act – South Africa
=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an attorney to get specific legal advice on your specific situation.
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[L213] STEPS TO OPEN A CASE AT THE LABOUR COURT
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