{"issue_text":"Whether applicant provided reasonable explanation for late filing of review application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant approached High Court for declaratory order instead of Labour Court for review"}
{"issue_text":"Whether applicant has reasonable prospects of success in main review application","issue_type":"mixed","dispositive":"yes","related_facts":"NEC failed to determine within 14 days, applicant claims deemed exemption"}
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background
Facts of the Case
Background
Border Timbers Limited terminated employees' contracts under section 12(4) of the Labour Act and applied to NEC for exemption under Labour (Amendment) Act No. 5 of 2015. NEC failed to determine the application within 14 days and later ruled that applicant should have consulted respondents. Applicant approached High Court for declaratory order but was advised to approach Labour Court for review, leading to late filing of review application.
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