Does the Labour Court have the jurisdiction to dismiss a review application that is deemed withdrawn?

In terms of section 145 of the Labour Relations Act 66 of 1995, a litigant's failure to prosecute a timeously launched review application, may result in the review application being archived, or deemed withdrawn. A question that often arises is whether the Labour Court has jurisdiction to dismiss a review application that is deemed withdrawn in terms of the Practice Manual. Previously, the Labour Court was of the view that it does not have jurisdiction, but a recent judgment has expressed a view that the Labour Court has the discretion to dismiss a review application that is deemed withdrawn.

22 Aug 2022 13:43 Minutes Podcast
Does the Labour Court have the jurisdiction to dismiss a review application that is deemed withdrawn?

Does the Labour Court have the jurisdiction to dismiss a review application that is deemed withdrawn?

Podcast

Does the Labour Court have the jurisdiction to dismiss a review application that is deemed withdrawn?

Podcast

00:00 00:00
Download MP3

In terms of section 145 of the Labour Relations Act 66 of 1995, a litigant's failure to prosecute a timeously launched review application, may result in the review application being archived, or deemed withdrawn. A question that often arises is whether the Labour Court has jurisdiction to dismiss a review application that is deemed withdrawn in terms of the Practice Manual. Previously, the Labour Court was of the view that it does not have jurisdiction, but a recent judgment has expressed a view that the Labour Court has the discretion to dismiss a review application that is deemed withdrawn.

The information and material published on this website is provided for general purposes only and does not constitute legal advice. We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages. Please refer to our full terms and conditions. Copyright © 2024 Cliffe Dekker Hofmeyr. All rights reserved. For permission to reproduce an article or publication, please contact us cliffedekkerhofmeyr@cdhlegal.com.