According to the Labour Court Review, the party that is unhappy with the award asks for the Labour Court to set the award aside on the grounds that the arbitrator in making the award, “misconducted himself/herself.”
The Review application should by no means be viewed as an appeal against the award decision but rather as a claim that the arbitrator:
- Committed misconduct in relation to his/her duties
- Committed gross irregularity in the conduct of the arbitration proceedings
- Exceeded his/her powers, or made the award improperly
Appeals are made to the Labour Appeal Court. Appeals must be noted by filing a notice of appeal with the registrar. Unless an Act otherwise provides, the notice of appeal must be filed within 10 days of the date on which the person filing the notice of appeal is notified of the decision that is the subject of the appeal.
The time limit for making an appeal is 42 days after the date the adjudicator made decision. This time limit can be extended if the Labour Court is satisfied that there were exceptional circumstances causing the delay
When can you refer a matter directly to the Labour Court?
The Labour Court has exclusive jurisdiction to hear matters arising from the Basic Conditions of Employment Act (BCEA) regardless of the stage at which the proceedings are at. This implies that as soon as a dispute is ripe for litigation, the claimant is entitled to refer it to the Labour Court directly.