South Africa Case Law

Commission for Conciliation, Mediation and Arbitration and Another v Discovery Connect Distribution Services and Others (J930/24)

Commission for Conciliation, Mediation and Arbitration and Another v Discovery Connect Distribution Services and Others (J930/24) [2025] ZALCJHB 285 (3 July 2025)

Court

Labour Court Johannesburg

Case number

J930/24

Judge

G Mafa-Chali

The Court found that the respondents had partially complied with the CCMA disclosure ruling and provided a reasonable and plausible explanation for any missing documents and audio recordings. The respondents demonstrated diligent efforts to locate and supply the requested materials, and the applicant failed to prove beyond reasonable doubt that the respondents' non-compliance was wilful or mala fide. The Court held that the respondents cannot be compelled to produce information not in their possession and that mere dissatisfaction with the format or completeness of disclosure does not establi…

Source excerpt

• Contempt Of Ccma Ruling
• Disclosure Of Documents
• Wilfulness And Mala Fides
• Constructive Dismissal
• Arbitration Procedure

CTP Gravure (Pty) a division of CTP Limited v Statutory Council for Printing Newspaper and Packaging Industry and Others (DA 04/2024)

CTP Gravure (Pty) a division of CTP Limited v Statutory Council for Printing Newspaper and Packaging Industry and Others (DA 04/2024) [2025] ZALAC 16 (20 March 2025)

Court

Labour Appeal Court

Case number

DA 04/2024

Judges

Van Niekerk, Waglay, Mooki

The Labour Appeal Court dismissed a challenge to an arbitration award, holding that a late ruling on hearsay admissibility did not justify review where the case rested on workplace rumour.

• Admissibility Of Hearsay Evidence
• Arbitration Procedure
• Legal Representation In Arbitration
• Unfair Dismissal
• Section 3 Law Of Evidence Amendment Act
• Labour-law

Nhlapo v Department of Health Free State (JS489/2022)

Nhlapo v Department of Health Free State (JS489/2022) [2024] ZALCJHB 498 (10 December 2024)

Court

Labour Court Johannesburg

Case number

JS489/2022

Judge

RN Daniels

The court held that it lacks jurisdiction to adjudicate the plaintiff's claim because the dispute concerns the application of a collective agreement (Resolution 3 of 2007). Section 24 of the LRA requires such disputes to be resolved by arbitration, and section 157(5) of the LRA expressly excludes Labour Court jurisdiction in these circumstances. Section 73A of the BCEA does not override this requirement, as it applies only to claims for unpaid amounts where the dispute does not involve the interpretation or application of a collective agreement. The court distinguished this case from Kgasane,…

Source excerpt

• Collective Agreement Interpretation
• Jurisdiction Of Labour Court
• Section 73a Bcea
• Section 24 Lra
• Earnings Threshold
• Arbitration Procedure

Solontsi v Commission for Conciliation Mediation and Arbitration and Others (PR31/23)

Solontsi v Commission for Conciliation Mediation and Arbitration and Others (PR31/23) [2024] ZALCPE 44 (15 November 2024)

Court

Labour Court Port Elizabeth

Case number

PR31/23

Judge

MZN Lallie

The Labour Court dismissed a review of a CCMA arbitration award, holding that a prior ruling on employee status did not prevent reconsideration on the merits.

• Unfair Dismissal
• Functus Officio
• Fixed Term Contracts
• Presumption Of Employment
• Arbitration Procedure
• Functus-officio

Maremane v Polokwane Local Municipality and Others (JR2368/22)

Maremane v Polokwane Local Municipality and Others (JR2368/22) [2024] ZALCJHB 161 (12 April 2024)

Court

Labour Court Johannesburg

Case number

JR2368/22

Judge

R Daniels

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no adequate explanation for the delay in filing the record.

• Leave To Appeal
• Condonation
• Practice Manual
• Review Application
• Hearsay Evidence
• Arbitration Procedure

Bliss Brands (Pty) Ltd v NASA - Workers (JR391/22)

Bliss Brands (Pty) Ltd v NASA - Workers (JR391/22) [2024] ZALCJHB 95; [2024] 5 BLLR 484 (LC); (2024) 45 ILJ 1250 (LC) (4 March 2024)

Court

Labour Court Johannesburg

Case number

JR391/22

Judge

R Daniels

The Labour Court held that neither the Labour Relations Act nor the CCMA Rules prohibit the withdrawal of disputes by a referring party. The withdrawal of a dispute is not a functionary act and is akin to absolution from the instance, which does not bar reinstitution of proceedings. The applicant's arguments regarding the need for employer consent, the doctrine of election, and the undermining of collective bargaining were rejected. The LRA does not require a union to be bound by its election to arbitrate and does not prevent future pursuit of organisational rights. The commissioner committed…

Source excerpt

• Organisational Rights
• Withdrawal Of Dispute
• Collective Bargaining
• Doctrine Of Election
• Arbitration Procedure

Minister of Correctional Services v General Public Service Sectoral Bargaining Council and Others (JR 2666/19)

Minister of Correctional Services v General Public Service Sectoral Bargaining Council and Others (JR 2666/19) [2023] ZALCJHB 312 (10 November 2023)

Court

Labour Court Johannesburg

Case number

JR 2666/19

Judge

Z Lallie

The Labour Court granted condonation, reviewed and set aside an unfair dismissal award and rescission ruling, and remitted the dispute for de novo arbitration.

• Unfair Dismissal
• Arbitration Procedure
• Condonation Of Late Filing
• Rescission Of Award
• Labour-law
• Unfair-dismissal

Ngobeni v City of Johannesburg Metropolitan Municipality South African Local Government and Others (JR 1504 /2020)

Ngobeni v City of Johannesburg Metropolitan Municipality South African Local Government and Others (JR 1504 /2020) [2023] ZALCJHB 48 (8 March 2023)

Court

Labour Court Johannesburg

Case number

JR 1504 /2020

Judge

Prinsloo

The Labour Court dismissed a review because the applicant lacked locus standi to challenge a rescission ruling he was not a party to.

• Locus Standi
• Unfair Dismissal
• Rescission Application
• Arbitration Procedure
• Locus-standi
• Labour-law

Same v Minister of Police and Others (PR126/21)

Same v Minister of Police and Others (PR126/21) [2022] ZALCPE 21 (12 July 2022)

Court

Labour Court Port Elizabeth

Case number

PR126/21

Judge

C B Unwin

The Labour Court set aside an arbitrator’s dismissal ruling, holding that dismissal under section 138(5)(a) was incompetent where the applicant’s union representative attended.

• Unfair Dismissal
• Arbitration Procedure
• Rescission Of Award
• Jurisdiction Of Arbitrator
• Unfair-dismissal
• Labour-arbitration

Tek-cent Glass & Aluminium (Pty) Ltd v Belo & Kies Construction (Pty) Ltd (16580/2021)

Tek-cent Glass & Aluminium (Pty) Ltd v Belo & Kies Construction (Pty) Ltd (16580/2021) [2022] ZAGPPHC 126 (22 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

16580/2021

Judge

Mbongwe

The High Court enforced a JBCC adjudication award, rejecting the respondent’s late notice of dissatisfaction and jurisdictional objections.

• Enforcement Of Adjudication Award
• Construction Contracts
• Jbcc Subcontract Agreement
• Notice Of Dissatisfaction
• Arbitration Procedure
• Adjudication-award-enforcement