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Labour Court of South Africa, Johannesburg

The Labour Court has the same status as a high court. The Labour Court adjudicates matters relating to labour disputes. Appeals are made to the Labour Appeal Court.

Physical address

86 Juta Street, Arbour Square Building, 6th and 7th Floors, Corner Juta and Melle Streets, Braamfontein 2001

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https://www.justice.gov.za/labourcourt

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1 judgment

Citation	Judgment date
January 2019
Carmichael-Brown v Liquid Telecommunications (Pty) Ltd (JS 987/2017) [2019] ZALCJHB 153 (23 January 2019) Reported Issuing a subpoena against a party to bypass discovery is an abuse of process; the subpoena was set aside and costs awarded. Labour Court procedure — subpoena duces tecum v discovery — Rule 32 for witnesses/non-parties; Rule 6 for discovery from parties. Abuse of process — issuing a subpoena to circumvent pre-trial discovery may constitute abuse where discovery safeguards are available. Pre-trial procedure — parties must address discovery at pre-trial; interlocutory applications under Rule 6(9)(b) provide judicial oversight. Subpoena requirements — Form 3 compliance and proper specification of documents; subpoenas should not be used to coerce parties or uncited juristic persons.	23 January 2019

Citation

Judgment date

January 2019

Carmichael-Brown v Liquid Telecommunications (Pty) Ltd (JS 987/2017) [2019] ZALCJHB 153 (23 January 2019)

Reported

Issuing a subpoena against a party to bypass discovery is an abuse of process; the subpoena was set aside and costs awarded.

Labour Court procedure — subpoena duces tecum v discovery — Rule 32 for witnesses/non-parties; Rule 6 for discovery from parties. Abuse of process — issuing a subpoena to circumvent pre-trial discovery may constitute abuse where discovery safeguards are available. Pre-trial procedure — parties must address discovery at pre-trial; interlocutory applications under Rule 6(9)(b) provide judicial oversight. Subpoena requirements — Form 3 compliance and proper specification of documents; subpoenas should not be used to coerce parties or uncited juristic persons.

23 January 2019