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18 December 2024

Applying The New Labour Court And Labour Appeal Court Rules

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Fairbridges Wertheim Becker

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Fairbridges Wertheim Becker was formed by the coming together of two longstanding, respected law firms, the first being Fairbridges established in 1812 in Cape Town, the second Wertheim Becker founded in 1904 in Johannesburg. This merger makes Fairbridges Wertheim Becker the oldest law firm in Africa, with its strong values and vision, it also makes them the perfect legal partner to assist you in achieving your business objectives.
New Labour Court and Labour Appeal Court Rules: Which rules will apply to matters instituted before the new rules come into effect on 17 July 2024?
South Africa Employment and HR

New Labour Court and Labour Appeal Court Rules: Which rules will apply to matters instituted before the new rules come into effect on 17 July 2024?

On 05 June 2024, it was announced that the new Labour Court and Labour Appeal Court Rules will take effect on 17 July 2024. These new rules are set to replace the existing ones upon their commencement. However, a critical question remains unresolved: which rules will apply to matters instituted before the new rules come into effect?

There is no formal directive in answer to the aforementioned question but, in line with the established principle in Samuels v Old Mutual Bank [2017] 7 BLLR 681 (LAC), the Court held that the Practice Manual that took effect on 01 April 2013 applied to matters instituted prior to the commencement thereof. Therefore, in the current context, the same principle is likely to find application, meaning that the new rules may apply to matters that had been instituted prior to the 17 July 2024.

The effect of this is that, with regard to proceedings instituted prior to the 17th and up and until the date on which the new rules take effect, the existing rules will apply and from such date onwards, the new rules will apply to all steps taken in such matters.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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