EPISODE · Aug 22, 2022 · 13 MIN
Does the Labour Court have the jurisdiction to dismiss a review application that is deemed withdrawn?
from CDH Conversations · host CLIFFE DEKKER HOFMEYR
In terms of section 145 of the Labour Relations Act 66 of 1995, a litigant's failure to prosecute a timeously launched review application, may result in the review application being archived, or deemed withdrawn. A question that often arises is whether the Labour Court has jurisdiction to dismiss a review application that is deemed withdrawn in terms of the Practice Manual. Previously, the Labour Court was of the view that it does not have jurisdiction, but a recent judgment has expressed a view that the Labour Court has the discretion to dismiss a review application that is deemed withdrawn. Click here to listen the podcast by CDH's Employment Law experts, Bongani Masuku and Thato Maruapula
What this episode covers
In terms of section 145 of the Labour Relations Act 66 of 1995, a litigant's failure to prosecute a timeously launched review application, may result in the review application being archived, or deemed withdrawn. A question that often arises is whether the Labour Court has jurisdiction to dismiss a review application that is deemed withdrawn in terms of the Practice Manual. Previously, the Labour Court was of the view that it does not have jurisdiction, but a recent judgment has expressed a view that the Labour Court has the discretion to dismiss a review application that is deemed withdrawn. Click here to listen the podcast by CDH's Employment Law experts, Bongani Masuku and Thato Maruapula
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Does the Labour Court have the jurisdiction to dismiss a review application that is deemed withdrawn?
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