VARIATION AND RESCISSION OF ARBITRATION AWARDS AND RULINGS IN TERMS OF SECTION 144 OF THE LABOUR RELATIONS ACT

Section 144 of the Labour Relations Act 66 1995 provides for rescission and variation arbitration awards. Two schools thought have emerged from Appeal Court judgments dealing with rescission. This is to a large extent attributable similarity wording section Rule 42(1) Uniform Rules Court. The first view that wide meaning should be given 144. approach requires reasonable explanation bona fide defence on merits matter. second narrow interpretation applied are not relevant applications rescissions in terms 144(a). application founded one specific grounds stated 144(a) those alone. Both approaches advantages disadvantages, but both Courts indicated would correct follow.