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

Rules for the Conduct of Proceedings in the Labour Court

9. Appeals to the Labour Court

 

 

(The rules in this section apply to the following provisions in the Act-

 

1) Appeals against the cancellation by the registrar of the registration of a council in terms of section 61(5);

 

2) appeals against an arbitration award on the interpretation or application or section 25(3)(c) or 26(3)(d) in terms of section 24(7);

 

3) appeals from a decision of the registrar of labour relations in terms of section 111(3);

 

4) appeals against a decision of an industrial council in terms of item 10(3) of Schedule 7;

 

5) appeals in terms of section 158(1)(i); and

 

6) appeals to the Labour Court in terms of any other Act.)

 

1) Appeals must be noted by filing a notice of appeal with the registrar.
2) Unless an Act otherwise provides, the notice of appeal must be filed within 10 days of the date on which the person filing the notice of appeal is notified of the decision that is the subject of the appeal.
3) A copy of the notice of appeal must be served on all interested parties.
4) The notice of appeal must set out-
a) the particulars of the decision that is the subject of the appeal;
b) the findings of fact that are appealed against; and
c) the conclusions of law that are appealed against.
5) The notice of appeal must, in addition, contain a notice calling upon the responsible person or body whose decision is under appeal, to provide a written record of the proceedings, and the reasons for the decision, within 15 days of the delivery of the notice of appeal.
5A)
a) The person or body upon whom a notice of appeal in terms of subrule (3) is served must timeously comply with the direction in the notice of appeal.
b) If the person or body fails to comply with the direction or fails to apply for an extension of time to do so, any interested party may apply, on notice, for an order compelling compliance with the direction.
c) The registrar must make available to the appellant the record which is received on such terms as the registrar thinks appropriate to ensure its safety. The appellant must make copies of such portions of the record as may be necessary for the purposes of the review and certify each copy as true and correct.
d) The appellant must furnish the registrar and each of the other parties with a copy of the record or portion of the record, as the case may be, and a copy of the reasons filed by the person or body.
e) The costs of transcription of the record, copying and delivery of the record and reasons, if any, must be paid by the applicant and then become costs in the cause.

 

6) The appellant must deliver concise written representations in respect of the appeal within 10 days of receipt of the written record and reasons.

 

7) The respondent in an appeal may deliver concise written representations in respect of the appeal within 10 days of delivery of appellant's written representations in terms of subrule (6).

 

8) When the registrar receives representations delivered in terms of subrule (7) or the time limit for delivering these representations lapses, whichever occurs first, the registrar must allocate a date for the hearing of the appeal.