The Labour Appeal Court dealt with an appeal arising from the dismissal of a SAPS colonel and from a jurisdictional ruling by an arbitrator. It refused condonation for the late legality review of the appeal authority’s decision, but it reviewed and set aside the arbitrator’s jurisdictional ruling and remitted the unfair dismissal dispute for arbitration before a different arbitrator.
This may be relevant to labour law practitioners dealing with review proceedings, condonation, and unfair dismissal disputes.
Evidence from source
The Labour Court cannot be faulted for refusing to condone the late filing of the application to review and set aside Van Graan’s ruling.
Supports: summary claim that condonation for the late legality review was refused.
The unfair dismissal dispute between the appellant and the third respondent is remitted to the second respondent for arbitration before an arbitrator other than the first respondent
Supports: summary claim that the matter was remitted for arbitration before a different arbitrator.