South Africa Case Law

Kempston Employment Solutions v Commission For Conciliation, Mediation and Arbitration and Others (2025/057504)

Kempston Employment Solutions v Commission For Conciliation, Mediation and Arbitration and Others (2025/057504) [2025] ZALCPE 13 (29 July 2025)

Court

Labour Court Port Elizabeth

Case number

2025/057504

Judge

C de Kock

The court held that the applicant failed to comply with the clear statutory requirements of section 145(7) and (8) of the LRA, which mandate the furnishing of security to suspend the operation of an arbitration award pending review. The applicant did not provide any substantive or justifiable reason for its failure to furnish security, nor did it seek an exemption from the Labour Court in a timely manner. The urgency of the application was self-created due to the applicant's delay and non-compliance. The court found that the application to stay enforcement was without merit and constituted an…

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• Stay Of Enforcement
• Security For Review
• Arbitration Award
• Urgent Application
• Section 145 Lra

Transport and Allied Workers Union of SA v Williams and Another (2025/085855)

Transport and Allied Workers Union of SA v Williams and Another (2025/085855) [2025] ZALCJHB 249 (27 June 2025)

Court

Labour Court Johannesburg

Case number

2025/085855

Judge

R Daniels

The Labour Court dismissed an urgent application to stay execution of a CCMA arbitration award pending review, finding no prospects of success and no basis to halt enforcement.

• Stay Of Execution
• Arbitration Award
• Review Application
• Trade Union Deregistration
• Legal Personality
• Unfair Dismissal

MC Spares and Rebuilds v Cajee and Another (2025/077478)

MC Spares and Rebuilds v Cajee and Another (2025/077478) [2025] ZALCJHB 247 (25 June 2025)

Court

Labour Court Johannesburg

Case number

2025/077478

Judge

R Daniels

The Labour Court dismissed an urgent application to stay execution of a MIBCO arbitration award pending rescission, finding no locus standi and no prospects of success.

• Stay Of Execution
• Arbitration Award
• Rescission Application
• Interpleader Proceedings
• Locus Standi
• Stay-of-execution

Minister of Justice and Correctional Services v POPCRU obo Basini (C323/2021)

Minister of Justice and Correctional Services v POPCRU obo Basini (C323/2021) [2025] ZALCCT 38 (5 June 2025)

Court

Labour Court Cape Town

Case number

C323/2021

Judge

R Lagrange

The Labour Court dismissed a review of an arbitration award holding that the OSD salary structure applied to a promoted correctional official.

• Collective Agreement Application
• Osd Salary Structure
• Condonation Of Late Filing
• Remuneration Dispute
• Arbitration Award
• Prescription

South African Forestry Company SOC Limited v Boruchowitz N.O and Another (033595/2022)

South African Forestry Company SOC Limited v Boruchowitz N.O and Another (033595/2022) [2025] ZAGPJHC 314 (24 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

033595/2022

Judge

JM Berger

The court found that Hakhensa Consulting CC demonstrated a direct and substantial interest in the outcome of the main review application, both as cessionary under the deed of cession and as a contractual beneficiary under the addendum to the memorandum of understanding. Clause 18.2 of the services agreement did not clearly prohibit cession of the right to receive payment, and even if it did, any refusal of consent by SAFCOL would have been unreasonable given the circumstances. The court held that Hakhensa's rights would be adversely affected if the relief sought by SAFCOL in the review were g…

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• Intervention Application
• Cession
• Contractual Rights
• Pactum De Non Cedendo
• Arbitration Award

Njobe v Commission for Conciliation, Mediation and Arbitration and Others (JR1199/21)

Njobe v Commission for Conciliation, Mediation and Arbitration and Others (JR1199/21) [2025] ZALCJHB 81 (26 February 2025)

Court

Labour Court Johannesburg

Case number

JR1199/21

Judge

Tlhotlhalemaje

The court found that the Commissioner’s decision was reasonable and justified. The applicant’s misconduct, given his position and responsibilities in a high-risk environment, constituted gross negligence. The applicant had previously been warned and counselled for similar offences, and progressive discipline had failed to correct his behaviour. The Commissioner correctly distinguished the applicant’s case from his colleague’s based on disciplinary history, and the claim of inconsistent application of discipline was not supported by comparable facts. The Commissioner evaluated the evidence, co…

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• Unfair Dismissal
• Gross Negligence
• Progressive Discipline
• Inconsistent Application Of Discipline
• Review Test
• Arbitration Award

Minister of Police v Everton and Others (PR88-22)

Minister of Police v Everton and Others (PR88-22) [2024] ZALCPE 49 (3 December 2024)

Court

Labour Court Port Elizabeth

Case number

PR88/22

Judge

T Gandidze

The Court found that the applicant had satisfied the requirements for interim relief. The security bond filed by the State Attorney was sufficient to trigger the automatic stay of the arbitration award under section 145(7) and (8) of the Labour Relations Act. The review application was still pending and had not lapsed or been archived according to the Practice Manual, as all necessary pleadings were filed within the prescribed periods and Solidarity had tacitly consented to extensions. The urgency was justified due to the imminent removal of SAPS vehicles, which would cause irreparable harm t…

Source excerpt

• Stay Of Enforcement
• Arbitration Award
• Security Bond
• Review Application
• Urgent Interim Relief

IMATU obo Spangenberg and Others v Overberg District Municipality and Others (CA09/2023)

IMATU obo Spangenberg and Others v Overberg District Municipality and Others (CA09/2023) [2024] ZALAC 56; [2025] 2 BLLR 137 (LAC); (2025) 46 ILJ 321 (LAC) (15 November 2024)

Court

Labour Appeal Court

Case number

CA09/2023

Judges

Savage, Mlambo, Davis

The Labour Appeal Court set aside a Labour Court order made against a non-party PAC and restored the arbitration award in a job-evaluation dispute.

• Unfair Labour Practice
• Job Evaluation
• Procedural Fairness
• Arbitration Award
• Ultra Vires
• Remedies

Dlamini and Others v Imbokodv Lemabalabala Holdings Limited and Others (2022/051081)

Dlamini and Others v Imbokodv Lemabalabala Holdings Limited and Others (2022/051081) [2024] ZAGPJHC 1112 (31 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/051081

Judge

L R Adams

The court found that the applicants raised issues which another court could reasonably decide differently, thus meeting the threshold for leave to appeal under section 17(1)(a)(i) of the Superior Courts Act. The omission to deal with costs in the interlocutory and related applications constituted a patent error, which the court corrected under Uniform Rule of Court 42(1)(b). The court held that the shareholders' agreement is valid and governs the relationship between the parties, and the removal of the first applicant as director was lawfully effected by the shareholder. However, given the re…

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• Leave To Appeal
• Shareholder Disputes
• Director Removal
• Costs Orders
• Uniform Rule 42
• Arbitration Award

Nexnovo Africa (Pty) Ltd v Vorster and Another (2024/109583)

Nexnovo Africa (Pty) Ltd v Vorster and Another (2024/109583) [2024] ZALCJHB 509 (7 October 2024)

Court

Labour Court Johannesburg

Case number

2024/109583

Judge

Reynaud Daniels

The Labour Court dismissed an urgent application to stay execution of an arbitration award, finding no proper basis, no disclosed prospects of success, and improper motive.

• Stay Of Execution
• Arbitration Award
• Settlement Agreement
• Review Application
• Stay-of-execution
• Arbitration-award