Applying the new Labour Court and Labour Appeal Court Rules

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.

Should you require any assistance in this regard, do not hesitate to contact the Employment and Employee Benefits Department at Fairbridges Wertheim Becker Attorneys (David Short: david.s@fwblaw.co.za).

By David Short | Director and Ciara Pillay | Candidate Attorney