Abstract

This judgment is important for two main reasons. Firstly, it highlights that systemic delays in the determination of review applications remain the norm, and it is a case study in the Labour Appeal Court (LAC) attempting to combat the consequences by way of creative decision‑making. Secondly, it is another example of the LAC having engaged in a high-intensity penalty review, but arguably having gone too far and not having applied the test for reasonableness correctly.