Nhlangano Town Council v Kuhlase And Others (18 of 2021) [2023] SZICA 1 (17 February 2023)

Case summary

Labour Law -Un/ air dismissal application for determination of an unresolved dispute -Certificate of unresolved dispute issued and application timeously filed at Court in accordance with Section 81 (2) of The Industrial Relations Act 2000 -Delay of thirteen years in serving application on Respondent and prosecuting claim.  In the Court a quo Appellant raised points in limine arguing that claim has prescribed and is time barred in terms of Section 76 (2) of The Industrial Relations Act (as amended) on account of undue delay in prosecuting claims and Appellant had been seriously prejudiced thereby -Appellant invited Court to infer waiver from delay of 13 years -Point in limine dismissed by Court a quo -The appeal is against ruling of Court a quo, with leave of this Court - Appeal dismissed with costs. 

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