The newly amended Labour Relations Act and specifically Section 145 regulating reviews now requires any employer or business seeking to take an arbitration award on review at the labour court to tender security to the value of the compensation awarded (where such an award only awards the successful applicant compensation and not re-instatement) and the equivalent of twelve months’ remuneration in respect of the successful applicant where the award orders the re-instatement of such successful applicant.
Despite the aforementioned amendment, it is important to point out and highlight that this particular amended provision is unenforceable. This is in light of the fact that no regulations have been signed off and published by the Minister of Labour in respect of the practical processes and procedures regulating and enforcing the tendering of any security at the time of filing a review application.
It has also been confirmed with us by the Registrars of the respective Labour Courts that (as at date hereof) review applications are to be filed and dealt with in the ordinary course and as before until any further and formal notice from either the Minister of Labour or the Judge President of the Labour Court.
Should you require any further particularity and/or assistance specifically in this regard, kindly do not hesitate to contact us.