Leave to appealPrescriptionHeads of argumentBar upliftment
Tags
Leave to appealPrescriptionLabour dispute
legislation
Statutes Cited
Labour Act
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the applicant was barred for failure to file heads of argument timeously and whether the bar should be uplifted","issue_type":"procedural","dispositive":"no","related_facts":"Applicant filed heads late on 23 May 2014, both parties appeared on 27 May 2014"}
{"issue_text":"Whether the applicant has prospects of success on appeal regarding the interpretation of section 94 (3) (a) and (b) of the Labour Act on prescription","issue_type":"law","dispositive":"yes","related_facts":"Dispute arose when applicant discovered offence, court's finding on when dispute arose"}
{"issue_text":"Whether the other grounds of appeal raise questions of law","issue_type":"law","dispositive":"no","related_facts":"First ground based on High Court order not before court, second ground on arbitrator's order, fifth to seventh grounds challenge factual findings"}
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background
Facts of the Case
Background
CMED (PVT) LTD applied for leave to appeal to the Supreme Court against a Labour Court decision. The respondent raised a preliminary point that the applicant was barred for failing to file heads of argument timeously, but the court uplifted the bar. The application for leave to appeal was granted on the basis that the applicant's argument on prescription had prospects of success.
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