Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

35. Appeal against decision of Inspector
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(1)Any person aggrieved by any decision taken by an inspector under a provision of this Act may appeal against such decision to the chief inspector, and the chief inspector shall, after he has considered the grounds of the appeal and the inspector's reasons for the decision, confirm, set aside or vary the decision or substitute for such decision any other decision which the inspector in the chief inspector's opinion ought to have taken.

 

(2)Any person who wishes to appeal in terms of subsection (1), shall within 60 days after the inspector's decision was made known, lodge such an appeal with the chief inspector in writing, setting out the grounds on which it is made.

 

(3)Any person aggrieved by a decision taken by the chief inspector under subsection (1) or in the exercise of any power under this Act, may appeal against such decision to the Labour Court, and the Labour Court shall inquire into and consider the matter forming the subject of the appeal and confirm, set aside or vary the decision or substitute for such decision any other decision which the chief inspector in the opinion of the Labour Court ought to have taken.

[Section 35(3) substituted by item 2(a) of Schedule 5 of the Labour Relations Act, 1995 (Act No. 66 of 1995)]

 

(4)Any person who wishes to appeal in terms of subsection (3) , shall within 60 days after the chief inspector's decision was given, lodge the appeal with the registrar of the Labour Court in accordance with the Labour Relations Act, 1995, and the rules of the Labour Court.

[Section 35(4) substituted by item 2(b) of Schedule 5 of the Labour Relations Act, 1995 (Act No. 66 of 1995)]

 

(5)An appeal under subsection (1) or (3) in connection with a prohibition imposed under section 30(1)(a) or (b) shall not suspend the operation of such prohibition.