New Labour Court and Labour Appeal Court rules come into operation on 17 July 2024. The new rules will replace the existing rules as well as the Practice Manual of the Labour Court. The changes include amongst them provisions aimed at streamlining the court process.
Review applications
Founding affidavits in review applications must now:
- Contain no more than a concise statement of the grounds of review.
- Include no more than a statement as to whether the whole or part of the award or ruling is to be reviewed.
- Record, with reference to the award or ruling and/or the conduct of the decisionmaker concerned, each alleged error or misdirection constituting a defect in the proceedings.
- Where relevant, and without making abstract statements of principle, state why the errors or misdirections caused the result of the award or ruling to be unreasonable, and/or why the award is irrational in relation to the evidence led during the proceedings under review.
Costs may be ordered against a party that fails to comply with these requirements.
Considering the challenges often experienced in securing the full record of the proceedings to be reviewed, the 60-day period within which the record must be filed will only start to run once a complete record has been filed.
Procedure in restraint of trade applications
Urgent interdictory proceedings to enforce a restraint of trade provide for the exchange of four sets of affidavits (while in practice four sets may have been filed, only three sets were contemplated under the previous rules). This has a knock-on effect on when the application can be set down for hearing.
Introduction of dies non
Dies non has been introduced from 16 December to 15 January. Litigants will no longer be required to include this period in the calculation of days for the filing of court process.
Increased time period for delivery of statement of claim
A notice of intention to defend must now be filed within 10 days of receiving a statement of claim (20 days where the defendant is the State). This extends the period within which a party must file a statement of response to 15 days from the date on which the notice of intention to defend is delivered.
Archiving
The rules retain the provisions relating to archiving in motion proceedings.
Applications can be archived if six months have elapsed since the application was filed or the date on which the last process was filed without the applicant taking any further steps. Referrals can be archived where six months have elapsed without the referring party taking steps from the date on which the statement of claim or last process was filed.
A file will now also automatically be closed and archived if three months have elapsed after the date on which the initiating document was filed, and no further document is filed or other action taken by the initiating party, provided the Registrar of the Labour Court has given the initiating party 15 days written notice of the closure and archiving.
Virtual hearings
While the default position is that proceedings are conducted in open court, a presiding judge has the discretion to hear a matter virtually on request of a party, or by direction.
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Read the original publication at Norton Rose Fulbright
