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Mootness: Defensive lockout ito LRA s76(1)(b)
The employer’s appeal against the judgment of Rabkin-Naicker J was disallowed. The LAC decided that in effect the employer was asking for an advisory opinion concerning future conduct. But it did not represent the broader labour law community and no other party sought to join as an amicus in order to provide further information or argument. The dispute between the two parties had been resolved. The case fell within the doctrine of mootness. There was no basis for deciding the interpretation of s76(1)(b) of the LRA.
Sun International Ltd v Saccawu (JA45/16) [2017] ZALAC 24 (3 May 2017) per Davis JA (Jappie JA and Kathree-Setiloane AJA concurring)