In terms of section 145 of the LRA, a party may apply to the Labour Court on the basis of an alleged defect with a commissioner’s rulings or awards. The party who alleges such a defect must apply to the Labour Court to set aside the award within six weeks of the award being served. A defect means:
- That the commissioner committed misconduct in relation to the duties of the commissioner as arbitrator;
- That the commissioner committed a gross irregularity in the conduct of the arbitration proceedings;
- That the commissioner exceeded his powers; and
- That the award was improperly obtained.
It is important to note that the review is not an appeal, and therefore it is not related to the merits of the matter but to the commissioner’s conduct.