LABOUR LAW – APPEAL AGAINST ARBITRATION AWARD – POINTS IN LIMINE OF FAILURE TO PROPERLY OPPOSE APPEAL to RULE 17 (16) (b) OF THE LABOUR COURT RULES. QKR Navachab Gold Mine (Pty) Ltd v Nambondi NALCMD (26 June 2023)
Whereas the arbitrator made an award in terms of which the first respondent’s (Petrus Namondi) dismissal on charges of insubordination was substantively unfair, and whereas the appellant appealed against the arbitration award, the respondent raised points in limine.
SCHIMMING-CHASE J considered the points in limine and stated that:
Point in limine:
QKR raised points in limine regarding Mr. Nambondi’s failure to properly oppose the appeal as required by rule 17(16)(b) of the Labour Court Rules. In terms of rule 17(16)(a), opposition . . .