A Review Applications to the Labour Court are initiated by what is called a Notice of Motion supported by a founding affidavit.
The Applicant in Review proceedings could be either the Employer or the Employee.
The founding affidavit must set out the grounds on which the Applicant relies to have the award or ruling reviewed successfully by the Labour Court.
It is important to note that review proceedings must be initiated within six (6) weeks of the Applicant receiving the award or ruling from the CCMA or BC.
The Labour Court may condone a late Review Application on good cause shown by way of the submission of a Condonation Application and the other party, in turn, has the right to oppose the Review Application as well as the Condonation Application.
A case number must be obtained from the Registrar of the Labour Court holding jurisdiction prior to the filing of the Notice of Motion and Founding Affidavit.
The Review Application must be served on all the Respondents (either the Employee or the Employer) as well as on the CCMA or Bargaining Council before it is filed at the Labour Court.
Proof of service on all the parties must also be filed at the Labour Court along with the Notice of Motion and Founding Affidavit.
There are some interim procedures that are also done. For example, filing of the record of proceedings as well.
Final Decision by the Labour Court
The enforcement of the CCMA or BC award or ruling by the Respondent may be halted until a final decision regarding the Review Application has been made by the Labour Court.
If the award or ruling is ultimately set aside by the Labour Court, the Labour Court may make any order that it considers appropriate in relation to the procedure to be followed in determining the dispute.
For example, the Labour Court may rule that the dispute be reverted to the CCMA or BC and be heard afresh before a different CCMA or BC commissioner, or the Labour Court may rule that it will correct the CCMA or BC award or ruling itself as it sees fit, though the former is the more common occurrence.
The process of a Review Application to the Labour Court can be complex one and it is highly recommended that any Applicant initiating such proceedings enlist the assistance of a specialist labour attorney who is familiar with the process and the rules of the Labour Court.
The same would apply to the Respondent if the Respondent opposes the Review Application
