a order issued in terms of section 126 of the Act; and an arbitration tribunal award, in terms of section 89 of the Act. (2) An appeal contemplated in subrule (1)(a) and (b) must be noted by delivery of a notice of appeal on Form 11, setting out concisely and distinctly which part of the decision, or order is appealed against the and grounds of appeal, which the appellant relies for the relief sought. (3) An appeal contemplated in subrule (1)(c) must be noted in terms of the Rules Relating to the Conduct of Conciliation and Arbitration before the Labour Commissioner published in Government Notice No. 262 of 31 October 2008 (hereafter conciliation and arbitration rules”), and the appellant must at the “the time of noting the appeal – complete the relevant parts of Form 11; deliver the completed Form 11, together with the notice of appeal in terms of those rules, to the registrar, the Commissioner and the other parties to the appeal.’ [8] It is abundantly clear from Rule 17 of the Rules of the Labour Court that this rule is not the only rule that governs appeals brought under s 89(1) of the Labour Act such as the instant appeal. There is also rule 23 of the Rules Relating to the Conduct of Conciliation and Arbitration before the Labour Commissioner published in Government Notice No. 262 of 31 October 2008 ('the conciliation and arbitration rules’), and it provides: Any party to an arbitration may, in accordance with subrule (2), note an appeal ‘(1) against any arbitration award to the Labour Court in terms of section 89 of the Act. (2) An appeal must be noted by delivery, within 30 days of the party’s receipt of the arbitrator’s award, to the Labour Commissioner of a notice of appeal on Form LC 41 ….’
a order issued in terms of section 126 of the Act; and an arbitration tribunal award, in terms of section 89 of the Act. (2) An appeal contemplated in subrule (1)(a) and (b) must be noted by delivery of a notice of appeal on Form 11, setting out concisely and distinctly which part of the decision, or order is appealed against the and grounds of appeal, which the appellant relies for the relief sought. (3) An appeal contemplated in subrule (1)(c) must be noted in terms of the Rules Relating to the Conduct of Conciliation and Arbitration before the Labour Commissioner published in Government Notice No. 262 of 31 October 2008 (hereafter “the conciliation and arbitration rules”), and the appellant must at the time of noting the appeal – complete the relevant parts of Form 11; deliver the completed Form 11, together with the notice of appeal in terms of those rules, to the registrar, the Commissioner and the other parties to the appeal.’ [8] It is abundantly clear from Rule 17 of the Rules of the Labour Court that this rule is not the only rule that governs appeals brought under s 89(1) of the Labour Act such as the instant appeal. There is also rule 23 of the Rules Relating to the Conduct of Conciliation and Arbitration before the Labour Commissioner published in Government Notice No. 262 of 31 October 2008 ('the conciliation and arbitration rules’), and it provides: ‘(1) Any party to an arbitration may, in accordance with subrule (2), note an appeal against any arbitration award to the Labour Court in terms of section 89 of the Act. (2) An appeal must be noted by delivery, within 30 days of the party’s receipt of the arbitrator’s award, to the Labour Commissioner of a notice of appeal on Form LC 41 ….’
African%20Consulting%20Services%20CC%20vs%20Gideon%20(LCA%2060-2012)%20[2013]%20NALCMD%2043%20(26%20November%202013).docx