Question posted in the General Law category relating to Gauteng
Hi!, I was dismissed by my employer and took the matter to the CCMA. I was successful and was issued with a CCMA award that being retrospective reinstatement. My employer decided that they will take the matter on review at the CCMA. I intend to opposing the review application. My question is that I do not quite understand the time frames. I have come across the following and require it to be simplified to me as it appears somewhat contradictory.
(1) A party desiring to review a decision or proceedings of a body or person performing a reviewable function justiciable by the court must deliver a notice of motion to the person or body and to all other affected parties.
(2) The notice of motion must –
(a) call upon the person or body to show cause why the decision or proceedings should not be reviewed and corrected or set aside;
(b) call upon the person or body to dispatch, within 10 days after receipt of the notice of motion, to the registrar, the record of the proceedings sought to be corrected or set aside, together with such reasons as are required by law or desirable to provide, and to notify the applicant that this has been done…”
Once the record has been provided, according to sub-rule 5, the registrar will make the record available to the applicant, and the applicant must make copies of the portions of the record as may be necessary for the purpose of the review and must certify each copy as true and correct.
The applicant is required to furnish both the registrar, and all other parties, with a copy of the record, or a portion of the record if that is the case and a copy of the reasons filed by the person or body (sub-rule 6). Only the portions of the record that are necessary for the purposes of the review need to be copied and delivered.
In terms of the Practice Manual of the Labour Court of South Africa, the record must be served and filed by the applicant within 60 days of the date on which the applicant is advised by the registrar that the record has been received.
Within 10 days after the registrar has made the record available, the applicant must, by way of notice and accompanying affidavit amend, vary or add to the terms of the notice of motion and supplement the supporting affidavit, or the applicant must deliver a notice that it stands by its notice of motion. (sub-rule 8)
If a person wishes to oppose the granting of the order prayed for in the notice of motion, they must within 10 days of receipt of either the notice of the amendment or the notice to stand by the notice of motion, deliver an affidavit in answer to the allegations made by the applicant. (sub-rule 9)
Within 5 days of receipt of this answering affidavit, the applicant may file a replying affidavit. (sub-rule 10)