South Africa Case Law

Minister of Public Service and Administration and Another v Public Servants Association obo Makwela and Others (JA4/2017, JR899/2013)

Minister of Public Service and Administration and Another v Public Servants Association obo Makwela and Others (JA4/2017, JR899/2013) [2017] ZALAC 64; [2018] 1 BLLR 7 (LAC); (2018) 39 ILJ 376 (LAC) (1 November 2017)

Court

Labour Appeal Court

Case number

JA4/2017, JR899/2013

Judges

Coppin, Sutherland, Savage

The court held that the Minister of Public Service and Administration was not a necessary party to the arbitration proceedings concerning Makwela's translation under the Occupation Specific Dispensation (OSD). The Minister's role is confined to making determinations and issuing directives of general application, and she has no authority over provincial executive authorities or individual employment disputes. The dispute was between the MEC, as employer, and Makwela, as employee. The absence of the Minister did not constitute a non-joinder, as she had no direct and substantial legal interest i…

Source excerpt

• Non Joinder
• Collective Agreements
• Occupation Specific Dispensation
• Arbitration Award Rescission
• Public Service Act

Independent Municipal And Allied Trade Union and Another v Ekurhuleni Metropolitan Municipality and Another (J 683/15)

Independent Municipal And Allied Trade Union and Another v Ekurhuleni Metropolitan Municipality and Another (J 683/15) [2015] ZALCJHB 136 (28 April 2015)

Court

Labour Court Johannesburg

Case number

J 683/15

Judge

R Lagrange

The Labour Court struck the urgent application off the roll for lack of urgency, finding the applicants delayed too long in challenging the fixed-term contract terminations.

• Fixed Term Contracts
• Urgency
• Settlement Agreement Enforcement
• Arbitration Award Rescission
• Labour-law
• Fixed-term-contracts

Independent Development Trust v Commmission for Conciliation Mediation and Arbitration (P314/2000)

Independent Development Trust v Commmission for Conciliation Mediation and Arbitration (P314/2000) [2000] ZALC 80 (12 August 2000)

Court

Labour Court

Case number

P314/2000

Judge

Revelas

Labour Court review of CCMA awards set aside for lack of jurisdiction after late referrals had been dismissed and no fresh referrals were made.

• Jurisdiction Of Ccma
• Condonation Of Late Referral
• Arbitration Award Rescission
• Consolidation Of Proceedings
• Ccma-jurisdiction
• Late-referral-condonation

South African Commerical Catering & Allied Workers Union and Another v Commission for Conciliation Mediation & Arbitration and Another (J3376/99)

South African Commerical Catering & Allied Workers Union and Another v Commission for Conciliation Mediation & Arbitration and Another (J3376/99) [2000] ZALC 62 (13 July 2000)

Court

Labour Court

Case number

J3376/99

Judge

B M Jammy

Section 144 of the Labour Relations Act is clear and unambiguous: only the commissioner who issued an arbitration award may rescind or vary it. In this case, the rescission was granted by a different commissioner, which is not permitted by the statute. The newly promulgated CCMA rules purporting to allow another commissioner to hear such applications are ultra vires and cannot override the express statutory provision. The rescission order made by the Second Respondent is therefore invalid and of no force or effect. The proper procedure for challenging the original award would have been a revi…

Source excerpt

• Arbitration Award Rescission
• Commissioner Jurisdiction
• Statutory Interpretation
• Review Under Section 158 1 G

Mimmo's Franschising CC and Others v Spiro and Others (J1888/00)

Mimmo's Franschising CC and Others v Spiro and Others (J1888/00) [2000] ZALC 41 (6 June 2000)

Court

Labour Court

Case number

J1888/00

Judge

Molahlehi AJ

The Labour Court dismissed an urgent application to rescind awards and stop execution, holding that urgency was not shown and CCMA rescission powers lay with commissioners.

• Arbitration Award Rescission
• Urgent Interim Relief
• Execution Of Judgments
• Employer Identification
• Alternative Remedy
• Costs On Attorney And Own Client Scale

Health & Hygiene (Pty) Ltd v Yawa NO and Others (C284/99)

Health & Hygiene (Pty) Ltd v Yawa NO and Others (C284/99) [2000] ZALC 12 (10 March 2000)

Court

Labour Court

Case number

C284/99

Judge

Wallis

The Labour Court refused to review a CCMA rescission ruling and dismissed a late review application, holding the original award was not erroneously made.

• Constructive Dismissal
• Arbitration Award Rescission
• Condonation
• Procedural Fairness
• Section 144 Lra
• Section 145 Lra

Oosthuysen v Turbo Services Pretoria CC (J 2825/98)

Oosthuysen v Turbo Services Pretoria CC (J 2825/98) [1999] ZALC 75 (14 May 1999)

Court

Labour Court

Case number

J 2825/98

Judge

B Waglay

The court found that the applicant's affidavit was in clear conflict with the evidence he presented at the arbitration, particularly regarding the nature and duration of his employment. Given the contradiction and absence of the respondent at the arbitration, the only reliable evidence before the court was that of the respondent. The court concluded that the applicant deliberately and wilfully made incorrect statements at the arbitration, amounting to fraud. On this basis, and in terms of the Labour Court's inherent jurisdiction, the court rescinded the CCMA arbitration award to allow both pa…

Source excerpt

• Arbitration Award Rescission
• Fraud In Arbitration
• Inherent Jurisdiction
• Employee Vs Independent Contractor