APPLY NO LATER THAN SIX WEEKS!

THE FACTS

VIVIAN NOMBEWU from Protea, Soweto, wrote to SunDefender about a dispute at her workplace in 2014, when workers were told they would not be getting a bonus. The workers lodged a case with the Motor Industry Bargaining Council and it ruled in their favour.

The bonuses were paid, but once that was done their employer fired them all as they had been on strike.The employees denied this and referred another case to the bargaining council, this time over unfair dismissal.

The matter proceeded to arbitration, where the commissioner found the dismissal was fair as the employees had stayed away from work even though the employer had sent them messages, telling them to report to work failing which disciplinary action will be taken. The employees are unhappy with the arbitration awarded in the employer’s favour and want to know what to do next.

WHAT I DID

I contacted Scorpion Legal Protection for professional legal advice.

SOLUTION

Vivian and her colleagues have six weeks from the date on which they received the arbitration award announcement, to apply for a review in the Labour Court.

In the review application, they need to set out what the reasons are that they need the award reviewed and the reason why they believe that the Labour Court will come to a different decision.

If six weeks have passed, a condonation application will be needed to set out why the Application is late and why they believe they have a strong case.