Modipa v Road Accident Fund (J942/23)
Modipa v Road Accident Fund (J942/23) [2023] ZALCJHB 225 (10 July 2023)
The court found that the correct test for urgency in applications under section 189A(13) of the LRA is the statutory one provided in section 189A(17)(a), not the general test under rule 8. The applicant received lawful notice of termination on 25 April 2023, as the letter provided two months' notice pay in lieu of notice, in compliance with the BCEA. The subsequent correspondence did not withdraw or negate the original notice. The application was launched more than 30 days after the notice was given, and the applicant failed to show good cause for condonation of the delay. The authorities cit…
Source excerpt
- Retrenchment Procedure
- Section 189a Application
- Urgency In Labour Court
- Notice Period Requirements