condonation applicationdraft notice of appealRule 22(2)point in limine
Tags
condonationappeal irregularitydraft notice of appeal
legislation
Statutes Cited
Labour Court Rules
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether an appeal is properly before the court when the appellant has materially departed from the draft grounds attached to the condonation application","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant changed appeal grounds from condonation application; Rule 22(2) requirements"}
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background
Facts of the Case
Background
The appellant lodged an appeal to the Labour Court. The respondent raised points in limine arguing that the appeal was improperly before the court because the appellant had changed the appeal grounds from those used when she applied for condonation of late filing of appeal, contrary to Rule 22(2) of the Labour Court rules which requires the draft notice of appeal to be attached to the condonation application.
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