Course 14 - Review & Condonation Applications in the Labour Court

Module 1 : Introduction

• The CCMA and which cases are taken on review?
• The Labour Court and Labour Appeal Court jurisdiction on review
• The LRA and reviews - relevant sections

Module 2 : Grounds for review and drafting of the application

• Drafting of the founding affidavit - grounds for review
• minimum requirements for founding affidavit
• Obtaining the record and reconstruction of the record
• application to compel CCMA to file records
• Transcription of the record
• Supplementary affidavit, opposing and replying affidavit - requirements
• Discovery of record of CCMA proceedings

Module 3 : Condonation applications

• Reasons for condonation
• Requirements for condonation
• Effect of dismissal of condonation

Module 4 : Rules of the Labour Court and Practice manual of the Labour Court

• Discussion of relevant rules and practice notes
• Stale files and prescription of claims
• Preparation of file for hearing
• Indexing and pagination
• Enrolment

Module 5 : Settlement orders and Contempt of court proceedings

• Making a settlement an order of court
• Ex parte proceedings for contempt - requirements
• Applications against the State

Module 6 : LRA Amendments

• Interim awards - reviewable or not
• Time periods
• Execution of awards and security to stay execution

Module 7 : Checklists

• Basic checklists to manage a case