Today's Labour News

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labourcourtsBusinessTech reports that new Labour Court and Labour Appeal Court rules, including changes to holiday-time and restraint of trade litigation, have been published in the Government Gazette.

According to Chloë Loubser and Ayanda Nkabinde from Bowmans, the new rules include major procedural changes and technical advancements. These aim to ensure that matters in the courts are handled efficiently, which should help clear the backlog. The effective date for the new rules has not yet been published. An addition to the rules is the introduction of dies non (a day where no legal business may be done) over the Christmas period. In the past, the time periods for filing court processes still occurred uninterrupted during the festive period, meaning that litigants had to remain on-call. Review applications are one of the most common applications on Labour Court rolls, and the new rules state that these applications must now contain no more than a concise statement of the grounds of review. An answering affidavit must also be concise regarding why the application is opposed. The time periods for filing the record and subsequent process in the review are also now clearly stated. The new rules also include a procedure that a party seeking to enforce a restraint of trade through an urgent interdict must follow. The new rules also formally make provisions for virtual hearings on request by one or more parties or by direction by the presiding judge. Media access to proceedings is also now regulated in the new rules.

  • Read the full original of the report in the above regard by Luke Fraser and download the new rules at BusinessTech


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