Loots and Others v Jacobs and Others (J929/20)
Loots and Others v Jacobs and Others (J929/20) [2020] ZALCJHB 275 (14 September 2020)
The court found that the commissioner failed to apply the correct test of necessity when issuing the subpoenas. The motivations provided by the employee were brief, unsubstantiated assertions that did not address why the evidence of the applicants was essential to resolving the dispute. The first and second applicants had no direct knowledge of the dismissal, and the motivations for the third and fourth applicants were similarly inadequate. The court held that issuing subpoenas prior to the commencement of arbitration, without proper motivation and in the absence of a pre-arbitration minute,…
Source excerpt
- Ccma Subpoena Powers
- Reviewable Irregularity
- Necessity Of Evidence
- Abuse Of Process