22 August 2022 by and

Does the Labour Court have the jurisdiction to dismiss a review application that is deemed withdrawn?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to prosecute a timeously launched review application, may result in the review application being archived, or deemed withdrawn.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question that often arises is whether the Labour Court has jurisdiction to dismiss a review application that is deemed withdrawn in terms of the Practice Manual.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judgment has expressed a view that the Labour Court has the discretion to dismiss a review application that is deemed withdrawn.

download MP3