In 2012 the DHET Minister published grant regulations that reduced the skills development levy refund from 50% to 20%. BUSA on behalf of employers took the DHET to court to challenge the change. The Labour Court found for BUSA. But the DHET took the matter on appeal.
The Labour Appeal Court has upheld the judgement of the Labour Court, fiinding that the DHET did not meet the consultation requirements set out in the Skills Development Act.
The grant regulations have been set aside.
Please see attached file with the LAC judgement.