SUMMARY The Applicant Hilary Construction (Pty) Ltd (“Hilary”) instituted review proceedings in the Labour Court, against the Commission for Conciliation, Mediation and Arbitration (the “CCMA”) as First Respondent, Mr C. Maande as Second Respondent and Ndanduleni Silima as Third Respondent in respect of Section 145 of the LRA, which relates to a perceived defect of