Labour Relations Act, 1995 (Act No. 66 of 1995)Rules for the Conduct of Proceedings in the Labour Appeal Court4. Petitions for leave to appeal |
(Section 166 of the Act regulates appeals against judgments or orders of the Labour Court. Applications to the Labour Court for leave to appeal are dealt with in rule 30 of the Rules of the Labour Court. If an application for leave to appeal is refused, a party can petition the Labour Appeal Court. This rule regulates those petitions.(7) After an appeal has been noted, the appellant must serve a copy of the record of the proceedings in the Labour Court on each respondent and file four copies of the record with the registrar.)
| 1) | A petition for leave to appeal must be addressed to the Judge President, and must include a notice of motion and supporting affidavits. |
| 2) | Every petition must be accompanied by- |
| a) | a copy of the judgment of the Labour Court against which leave to appeal is sought; and |
| b) | a copy of the judgment refusing leave to appeal. |
| 3) | A petition must set out succinctly the grounds on which leave to appeal is sought. |
| 4) | A petition must not include the record of the proceedings in the Labour Court, unless the judges considering the petition direct otherwise. |
| 5) | A petition must be delivered within 10 days of the date on which leave to appeal is refused. The original petition plus two copies must be filed with the registrar and must be accompanied by proof of service on all other parties. |
| 6) | The respondent may deliver an answering affidavit within 10 days of delivery of a copy of the petition. |
| a) | The original plus two copies of the answering affidavit must be filed with the registrar. |
| 7) | A petition must be considered by three judges of the court designated by the Judge President. |
| 8) | The decision of the majority of the judges to grant or refuse the petition is final. |
| 9) | If the court grants leave to appeal it must, at the same time, make an order fixing the date by which the record must be delivered. |
| 10) | [Subrule (10) deleted by section 2(d) of Government Notice No. R.1101 dated 4 September 1998] |