Course Name
Course 14 - Review and condonation applications in the labour court
Course Description
All employers are taken to the CCMA at one stage or another. Many cases have been lost by employers and employees, union representatives or even attorneys for various reasons, resulting in the matter being taken on review in the Labour court. The review process is unique in the sense that the LRA does not allow for Appeals against decisions of arbitrators and the test to review a matter is a hybrid where the facts of the case do play a role to determine whether the Commissioner acted as a reasonable decision maker.
Duration
half day
Cost
R 1 300.00

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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