By Duncan Wild on 5 July 2015

The issues for determination in this case have been defined by the Court in directions issued on 18 February 2015, as follows:

1. whether an order for reinstatement of an employee is competent in circumstances where such employee resigned prior to the grant of such order;
2. whether the dismissal of a review application by the Labour Court, on the basis that the record of the arbitration proceedings is incomplete, is a denial of the applicant’s right to just administrative justice;
3. who bears the onus or obligation to produce a proper and complete record of proceedings in anticipation of the adjudication of review proceedings; and
4. what the consequences in review proceedings are when the Commission for Conciliation, Mediation and Arbitration (CCMA) or the parties to the dispute are unable to produce a proper and complete record of the proceedings.

Documents:

• Directions of the Court dated 18 February 2015
• Directions of the Court dated 25 March 2015
• Toyota SA Motors Written Submissions
• Retail & Allied Workers Union Written Submissions
• Makoma Makhotla’s Written Submissions