Case Referral to Court

In order to file this application, follow the steps below:

• Get a referral certificate in terms of Section 7(18) of the Trade Disputes Act from District Labour office
• Complete  statement of case form in terms of Rule 25(1) of the Rules of Court 
• Statement of case (full and detailed statement of what led to the dispute)
• Attach any necessary and relevant supporting documents to the claim (computations and letters i.e dismissal, disciplinary process and any other written communication)
• File and serve the application on the Respondent(s)
• File proof of service and wait for any response from the Respondent(s)
  • If service is through personal service the waiting period is 14 days from the date of service;
  • If the service is through registered mail, then the waiting period is 21 days form the date of postage
• Should the respondent not file any response to the claims against them within either the stipulated time under a or b above, then the matter is enrolled for a default hearing( this means that the court will only hear the applicant as the respondent has not shown any interest in the case or their silence is interpreted to mean they are conceding to owing the applicant what they are claiming)
• Should the respondent file their response, the same has to be served on the applicant and proof of such a service filed.
• Then the case become ready to be placed before the Honourable Judge for Case management.
• Application is enrolled for a hearing on a date to be decided upon by the court

The court will then hear the appeal on the date set and make its determination.