South Africa Case Law

Jiyane v Commission for Conciliation, Mediation and Arbitration and Others (C184/2022)

Jiyane v Commission for Conciliation, Mediation and Arbitration and Others (C184/2022) [2025] ZALCCT 48 (7 July 2025)

Court

Labour Court Cape Town

Case number

C184/2022

Judge

C de Kock

The court found that the commissioner’s conduct during the arbitration proceedings was marked by frequent interruptions, taking over of questioning, cross-examination of the applicant, and derogatory notes referring to the applicant’s evidence as 'rubbish'. This conduct deprived the applicant of a fair hearing and created a reasonable apprehension of bias. The commissioner failed to respect the roles of the parties and their representatives, and her dominance tainted the entire proceedings. The court held that, as in previous cases involving the same commissioner, such procedural irregulariti…

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• Unfair Labour Practice
• Arbitration Bias
• Review Of Arbitration Award
• Procedural Irregularity
• Right To Fair Hearing

Mangena v South African Local Bargaining Council and Others (C737/2019)

Mangena v South African Local Bargaining Council and Others (C737/2019) [2021] ZALCCT 94 (6 December 2021)

Court

Labour Court Cape Town

Case number

C737/2019

Judge

Rabkin-Naicker

The Labour Court reviewed and set aside an arbitration award after finding the commissioner’s excessive intervention denied the applicant a fair hearing.

• Unfair Labour Practice
• Arbitration Bias
• Review Of Arbitration Award
• Procedural Fairness
• Unfair-labour-practice
• Arbitration-review

Sasol Chemical Operations (Pty) Ltd v CCMA and Others (J2680/16)

Sasol Chemical Operations (Pty) Ltd v CCMA and Others (J2680/16) [2018] ZALCJHB 433; [2019] 1 BLLR 91 (LC); (2019) 40 ILJ 436 (LC) (29 August 2018)

Court

Labour Court Johannesburg

Case number

J2680/16

Judge

A J Steenkamp

The Labour Court found that the employee failed to discharge the evidentiary burden required by section 11(1) of the Employment Equity Act to establish a prima facie case of unfair discrimination based on race. The evidence presented did not link the difference in remuneration to race, and the Commissioner’s finding was based on an unarticulated complaint not supported by the evidence. Furthermore, the Commissioner’s interventionist conduct during the arbitration created a perception of bias, as he led the employee’s evidence and pre-empted the outcome, which undermined the fairness of the pr…

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• Employment Equity Act
• Unfair Discrimination
• Burden Of Proof
• Arbitration Bias

Innovation Maven (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C976/2014)

Innovation Maven (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C976/2014) [2015] ZALCCT 64; (2016) 37 ILJ 465 (LC) (29 October 2015)

Court

Labour Court Cape Town

Case number

C976/2014

Judge

Van Niekerk

Labour Court review of a CCMA award succeeded after the commissioner’s extensive intervention created a reasonable apprehension of bias and denied a fair hearing.

• Constructive Dismissal
• Arbitration Bias
• Fair Hearing
• Review Of Arbitration Award
• Arbitration-bias
• Fair-hearing

Jansen v Commission for Conciliation, Mediation and Arbitration and Others (JR297/2009)

Jansen v Commission for Conciliation, Mediation and Arbitration and Others (JR297/2009) [2014] ZALCJHB 76 (20 March 2014)

Court

Labour Court Johannesburg

Case number

JR297/2009

Judge

AC Basson

The Labour Court found that the commissioner failed to properly consider the appropriateness of the sanction of dismissal, neglecting to assess mitigating factors such as the applicant's long and unblemished service record and failing to require evidence of a breakdown in the trust relationship. The commissioner assumed a fatal breach without supporting evidence and did not reference the Code of Good Practice as required by the Labour Relations Act. Furthermore, the commissioner descended into the arena, eliciting evidence beneficial to the employer and cross-examining witnesses in a manner t…

Source excerpt

• Unfair Dismissal
• Arbitration Bias
• Sanction Appropriateness
• Code Of Good Practice
• Review Of Award