Delaying the prosecution of a review application can carry the
risk of a court refusing to hear the application. In Macsteel
Trading Wadeville v Francois van der Merwe and others, the
Labour Appeal Court ("LAC") had to
decide whether the Labour Court erred in:
- failing to deal with an undue delay in prosecuting a review
application, simply because no application in terms of rule 11 of
the Rules for the Conduct of Proceedings in the Labour Court (the
"Rules") was not before it; and
- reviewing, setting aside and substituting an arbitration award
rather than remitting the matter to the relevant bargaining council
for a new hearing.
In 2009, Macsteel Trading Wadeville charged its employee Mr
Lemson Chiloane with misconduct for his involvement in planning and
orchestrating an unprotected and unlawful work stoppage. The work
stoppage allegedly included intimidation and incitement to
violence. Pursuant to a disciplinary hearing, Mr Chiloane was
dismissed from
