3 years later and case not being heard in Cape Town Labour Court.
Employee must travel 3000 km (1500 x 2) for case to be heard in Cape Town after being dismissed in JHB.
Attorneys for applicant delayed the process for almost a year saying that they did not receive the disc of recordings but they signed for it at the court.
I received the transcribed documents from attorneys containing more than 500 errors.
I applied for case to be dismissed in Cape Town and at the same time for the arbitration award made an order of court.
The attorneys phoned me and ask me to withdraw the application as they don't have the disc.(" Can you believe this, it is your core business and a year later you said you did not get the disc.")
Now here is the joke.(1)
The attorney told me that he don't worry about the application in JHB.
I withdrew the application in JHB and ask them to oppose the case in JHB. they opted not to respond to the application in JHB.
The application succeeded in JHB and now I have a Court Order and a writ of execution.
They ask me not to pursue with contempt proceedings as they want the award to be set a side.("How stupid must i be to allow them to have it set a side while I already have a court order").
The law is clear that an Review Application does not stop other proceedings.
The question now is can a review application (in Cape Town) set a side a court order issued by court in Johannesburg?
Does Cape Town LC have the jurisdiction to set a side a court order from Johannesburg?
I am not sure but logic say that it is only a superior court that can overturn a lower courts order("CC-SCA-LAC-LC-CCMA")