This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
The Labour Appeal Court dealt with an appeal about whether gross procedural unfairness can become substantive unfairness. It held that the Labour Court erred in reviewing an award on a ground that had not been pleaded or ventilated at arbitration, and the appeal was upheld.
This may be relevant to labour law matters about dismissal reviews, procedural and substantive fairness, and the scope of pleadings on review.
Evidence from source
This appeal concerns itself with an important legal question of whether gross procedural unfairness can mutate into substantive unfairness.
Supports: plain_summary sentence 1
the Labour Court erred in reviewing and setting aside the commissioner’s award. Since the arbitration award is unimpeachable, the Labour Court was not empowered to invoke section 145(4) of the LRA powers.
Supports: plain_summary sentence 2