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

Rules for the Conduct of Proceedings in the Labour Court

16A.

 

 

1) The court may, in addition to any other powers it may have-
a) of it's own motion or on application of any party affected, rescind or vary any order or judgment-
i) erroneously sought or erroneously granted in the absence of any party affected by it;
ii) in which there is an ambiguity or a patent error or omission, but only to the extent of such ambiguity, error or omission;
iii) granted as the result of a mistake common to the parties; or
b) on application of any party affected, rescind any order or judgment granted in the absence of- that party.

 

2) Any party desiring any relief under-
a) subrule 1(a) must apply for it on notice to all parties whose interests may be affected by the relief sought.
b) subrule 1(b) may within 15 days after acquiring knowledge of an order or judgment granted in the absence of that party apply on notice to all interested parties to set aside the order or judgment and the court may, upon good cause shown, set aside the order or judgment on such terms as it deems fit.