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Interpretation of section 89(3) of the Labour Act 11 of 2007:

The appeal was to condone the applicants’ late noting of an appeal against the arbitration award. The court receives its power to condone from section 89(3) of the Labour Act 11 of 2007 which Parker AJ interpreted to read as: “Where an appeal has been noted out of the time limit prescribed by section 89(2), the appeal remains on the court roll, except that the court cannot hear it until and unless on good cause shown, the court has condoned the late noting of the appeal . . .

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