(a) whether the judgment or order is appealable, in whole or in part; where only part of the judgment or order is contested, which part is brought against the appeal, indicating the findings of fact or the decision of law; (5) An application must be filed within 10 days after the day on which leave to appeal is refused. The original application and two copies must be submitted to the Registrar and accompanied by proof of service for all other parties. (a) Any counterclaim must be filed within 10 days of service of the notice of appeal or such longer period as the court may grant for cause. The Labour Court is not a court. It acts as a labour relations tribunal that hears both parties in a case and then issues a recommendation (or finding/ruling/order, depending on the nature of the case) setting out its opinion on the dispute and the conditions under which it should be resolved. 4. Any defendant wishing to bring a cross-appeal shall bring a cross-appeal. 1. Any person interested in proceedings before the General Court may, on application to the President of the Judge or to a Judge appointed by the President of the Judge, be admitted as amicus curiae under the conditions and with the rights and privileges laid down by the President of the Judge or by a Judge empowered by the President of the Judge to hear the case. Today we are going to deal with the labour court. What is the South African Labour Court, what does it do and how does a case end up in court? Any term in these Regulations, as defined in the Industrial Relations Act 1995 (Act No. 66 of 1995), has the same meaning as in this Act and: (17) If the complainant does not file the record within the prescribed time, he or she shall be deemed to have withdrawn his or her complaint unless the appellant has requested the respondent or his representative to agree to an extension of time within that time, and Consent has been given.
If consent is refused, the applicant may, after service on the respondent of the application supported by an affidavit, apply to the President of the Chamber for an extension of time. The request must be accompanied by proof of service for all other parties. Any party who wishes to object to the granting of an extension may file an affidavit within 10 days of serving a copy of the application. (1) An appeal by the Labour Court under section 17 (21A) of the Industrial Relations Act 1956 (Act No. 28 of 1956), read in conjunction with Schedule 7 (22) (5) to the Act, shall be noted by service of a notice of appeal within 15 days after the judgment or order, unless the reasons or full reasons for the court`s decision are communicated at a later date than the date of the judgment: or In this case, the appeal must be noted within 10 days of the date of reasoning: However, the court may, for valid reasons, extend any time limit. (16) Where the decision on an appeal is likely to relate only to a question of law, the parties may agree to refer the question of law to the Court of Justice in the form of a special case. In that case, only those parts of the minutes necessary to rule on the question of law shall be submitted to the Registrar. The Labour Court of Appeal is a South African court that hears appeals from the Labour Court. The Court was established by the Industrial Relations Act 1995 and has a similar status to the Supreme Court of Appeal. He is based in Johannesburg, but also hears business in Cape Town, Port Elizabeth and Durban.
(12) The minutes shall not contain any of the following documents unless they affect the merits of the appeal: An appeal on the recommendation of an adjudicative officer under section 13 (9) of the Industrial Relations Act 1969 may be made to the Labour Court using the appeal form provided for in section 13 (9). (Word version) More information on how to use this form can be found here. (c) set out in a clear, concise and without unnecessary explanation the requests to be made by the amicus curiae, their relevance to the proceedings and the reasons why they consider them to be useful to the Tribunal and different from those of the other parties. (2) The decision on the appeal shall be notified at the same time as the notice of appeal. “Party” means any party to legal proceedings and includes a person representing a party within the meaning of section 161 of the Act; Labour Court hearings on appeals are public, unless the Labour Court decides that, due to special circumstances, they must be held in camera (or partly in camera). The Labour Court has extensive powers to compel witnesses to be present and to take evidence under oath. The Cape Labour Court deals with the Western Cape and Northern Cape provinces. The Durban Labour Court has jurisdiction over disputes in the province of KwaZulu-Natal. The Port Elizabeth Labour Court serves as a court on the basis of requests for preliminary rulings in the Eastern Cape.