Leave to appealArbitrator jurisdictionRetrenchment approvalMinister's approvalPrescription
Tags
Leave to appealJurisdictionPrescriptionRetrenchment package
legislation
Statutes Cited
Labour Act
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether applicants have reasonable prospects of success on appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Arbitrator found no jurisdiction; Minister approved retrenchment"}
{"issue_text":"Whether arbitrator had jurisdiction to consider retrenchment package calculation","issue_type":"law","dispositive":"no","related_facts":"Section 12C(9) approval by Minister; concession by counsel"}
{"issue_text":"Whether new issues can be raised on appeal","issue_type":"procedural","dispositive":"no","related_facts":"Section 12(1a) and unfair labour practice claims"}
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background
Facts of the Case
Background
189 former employees sought leave to appeal against a judgment that dismissed their application for condonation of late filing of an appeal regarding their 2010 retrenchment. The employees had signed retrenchment agreements approved by the Retrenchment Board, but later challenged the retrenchment process and package calculation.
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