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South Africa decisions
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Chetty v Department of Health KZN and Others (D771/15) [2021] ZALCD 78 (14 December 2021)
The Labour Court dismissed a review of a refused reinstatement request, finding excessive delay, Rule 7A non-compliance, and no complete record.
Lifecare Special Health Services (Pty) Ltd t/a Ekuhlengeni Care Centre v Commission for Conciliation Mediation and Arbitration and Others (DA15/02) [2003] ZALAC 3; (2003) 24 ILJ 931 (LAC); [2003] 5 BLLR 416 (LAC) (28 March 2003)
The Labour Appeal Court held that the Labour Court erred in dismissing the review application solely for failure to transcribe the commissioner’s handwritten notes when the official electronic record was incomplete. Rule 7A requires the applicant to transcribe and submit the official record, which in this case was the electronic recording. The appellant had complied as far as possible by submitting all available tapes. The handwritten notes were not an official record and their transcription was not required by rule 7A. The proper course was to postpone the matter to allow for further investi…
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