DELAYS CAUSED BY THE APPLICANT IN REVIEW PROCEEDINGS

Where the CCMA or a bargaining council has ruled against an employee or employer, either party is entitled to institute review proceedings in the Labour Court. Parties pursue this litigious route on the premise that a review application is intended to be a swift remedy.

Regrettably, there are occasions wherein the Applicant, generally the Employer, delays review proceedings in an attempt to frustrate the Respondent. In my upcoming article, I examine the Labour Appeal Court (LAC) case of Macsteel Trading Wadeville v Francois van der Nerwe and Others which looked into the issue of undue delays in review applications.

Saiendrie Moodley