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Labour Relations Act, 1995 (Act No. 66 of 1995)

Rules for the Conduct of Proceedings in the Labour Court

10. Reviews in chambers

 

 

The rules in this section apply to the following reviews-

 

1) Review in chambers of registrar's determination of liquidator's fees in terms of section 59(4)(b)).

 

2) Reviews must be noted by filing a notice to review.

 

3) The notice to review must be filed within 10 days of the decision that is the subject of the review.

 

4) A copy of the notice to review must be served on all interested parties.

 

5) The notice to review must set out-
a) the particulars of the decision that is the subject of the review;
b) the factual grounds of review; and
c) the legal grounds of review.

 

6) On receipt of a notice to review the registrar must as soon as possible-
a) draw up a stated case of the facts;
b) give reasons for the decision; and
c) provide all interested parties with copies of the stated case and reasons.

 

7) On receipt of a copy of the registrar's stated case and reasons, the applicant must within seven days deliver concise written representations in respect of the review.

 

8) Any party on whom a notice to review has been served may, within 5 days of delivery of the applicant's representations in terms of subrule (6), deliver concise written representations in respect of the review.

 

9) When the registrar receives representations delivered in terms of subrule (7) or the time limit for delivery of representations lapses, whichever occurs first, the review must be placed before a judge in chambers for decision.