The Labour Appeal Court heard an appeal by Blue Falcon 188 Trading (Pty) Ltd t/a Studio 88 against a Labour Court decision refusing condonation for the late filing of a review application. The underlying arbitration award had found the dismissal of the third respondent employees procedurally fair but substantively unfair and had ordered reinstatement with retrospective effect. The appeal was dismissed and costs were awarded against the appellant.
This appears to concern condonation, review time limits, and costs in labour litigation.
Evidence from source
the commissioner of the CCMA, who found that the dismissal was procedurally fair but substantively unfair, and ordered their reinstatement with retrospective effect
Supports: The underlying arbitration award found the dismissal substantively unfair and ordered reinstatement.
Accordingly, in terms of section 162 of the LRA, it is appropriate that the appellant be ordered to pay the costs of these proceedings.
Supports: The judgment ordered costs against the appellant.