The Labour Court Review Application Process Simplified
Presented by Henk Wissing Attorneys
Course Content
Module 1
1.1 The differences between a rescission application and a review application
1.2 The legal standing of an arbitration award
- Compensation awarded
- Reinstatement awarded
1.3 Review of arbitration awards and rulings
- Section 145 of the LRA review
- Section 158 of the LRA review
- Section 158(1)(B) of the LRA Interim Rulings (before arbitration is completed)
Module 2
2.1 Notice of Motion explained
- Review the award
- Substitute the award
- Founding affidavit / initial grounds for review application
2.2 The review test
- Is the award reasonable
- In jurisdictional Reviews the “correctness” test is used
2.3 Reviewable irregularities
2.3.1 Gross irregularity by commissioner:
2.3.2 Misconduct by commissioner:
2.3.3 Excess of powers (correctness review):
2.3.4 Award Improperly obtained:
2.4 How to “stay” execution of an arbitration award pending review
2.4.1 Security
2.4.2 Form of Security:
Module 3
3.1 Process and timeline for filing all relevant documents
3.2.1 Labour Court Practice Manual – important timelines
About the presenter:
Henk Wissing is an attorney with 24 years of experience specializing in labour law, regularly appearing in the Labour Court obo National and International Companies.
Purpose of the course:
This course will provide step-by-step guidance on when and how to initiate review proceedings at the Labour Court, demystifying the process.
Upon completion of the course delegates will be able to:
- Understand under which circumstances an arbitration award or ruling made at the CCMA or a Bargaining Council may be referred to the Labour Court to be reviewed.
- Understand the various steps and timelines as outlined in the Rules of the Labour Court and the Labour Court Practice Manual.
The course will be useful for:
- HR and IR Officials
- Employers’ Organization Officials and Office Bearers
- Trade Union Officials and Office Bearers
- Labour consultants/practitioners
- Legal Practitioners considering expanding their practices to include dealing with Review Applications
Registration fee:
- Price per delegate for the interactive online presentation
- Includes course material and certificates. (Certificates will only be shipped within South African borders)
Course material will only be made available to paid participants.
Seats are limited. Early booking is essential.