Numsa obo Rabothatha v MEIBC (Norco Cables) (JR 3019/2012) [2015] ZALCJHB 106 (25 March 2015) per Venter AJ.
Having been dismissed summarily for poor performance and failing to be reinstated the applicant sought to review and set aside the award. The Labour Court held it was not necessary for the person who signed the founding affidavit to have been present at the hearing and the allegations were not hearsay. But the deponent must refer to the record and the facts in support of the allegations. Bald and general allegations of unreasonableness are unacceptable. As the trade union should have known better the Labour Court expressed its displeasure by awarding costs on an attorney and own client scale.