South Africa Case Law

Coca Cola Beverages South Africa v Commission for Conciliation, Mediation and Arbitration and Others (JR 1599/21)

Coca Cola Beverages South Africa v Commission for Conciliation, Mediation and Arbitration and Others (JR 1599/21) [2025] ZALCJHB 105 (12 March 2025)

Court

Labour Court Johannesburg

Case number

JR 1599/21

Judge

Bart Ford

The Labour Court refused leave to appeal, holding that the commissioner’s withdrawal did not trigger functus officio and that no bias or evidentiary error was shown.

• Recusal Of Commissioner
• Functus Officio
• Arbitration De Novo
• Reasonable Prospect Of Success
• Bias In Arbitration
• Functus-officio

Minister of Correctional Services v Mashiya and Others (JR2740/13)

Minister of Correctional Services v Mashiya and Others (JR2740/13) [2023] ZALCJHB 86; (2023) 44 ILJ 1536 (LC) (22 March 2023)

Court

Labour Court Johannesburg

Case number

JR2740/13

Judge

S Snyman

The court held that when an arbitrator recuses themselves in incomplete proceedings, the arbitration must recommence de novo before a new arbitrator. The second respondent's decision to continue the arbitration based on the previous record, without a fresh hearing, constituted misconduct under section 145(2)(a) of the Labour Relations Act. This misconduct vitiated the proceedings, regardless of the outcome or any alleged agreement between the parties. The applicant was deprived of a fair hearing, and the arbitration award was accordingly reviewed and set aside. The matter was remitted to the…

Source excerpt

• Arbitrator Misconduct
• Recusal
• Review Under Lra
• Procedural Fairness
• Arbitration De Novo
• Costs Award

Malapane v Glencore Operations South Africa (Pty) Ltd (JR603/15)

Malapane v Glencore Operations South Africa (Pty) Ltd (JR603/15) [2017] ZALCJHB 160 (3 May 2017)

Court

Labour Court Johannesburg

Case number

JR603/15

Judge

Malindi

The Labour Court granted leave to appeal after finding reasonable prospects of success on issues about remittal to the CCMA, credibility findings, and an alleged misdirection on the charge.

• Review Proceedings
• Arbitration De Novo
• Credibility Findings
• Substitution Of Decision
• Labour-law
• Review-proceedings