|Case No.||Lower Court Judgments||Hearing Date|
|CCT 228/14||Labour Court, 9 Jul. 2014||18 Aug. 2015|
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:
- whether an order for reinstatement of an employee is competent in circumstances where such employee resigned prior to the grant of such order;
- 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;
- who bears the onus or obligation to produce a proper and complete record of proceedings in anticipation of the adjudication of review proceedings; and
- 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.