South Africa Case Law

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

Mystra (Pty) Ltd t/a Silverton Spar and Tops v Thoka N.O. and Others (JR 416 / 20;JR 417 / 20;JR 418 / 20;JR 420 / 20;JR 421 / 20;JR 422 / 20;JR 423 / 20)

Mystra (Pty) Ltd t/a Silverton Spar and Tops v Thoka N.O. and Others (JR 416 / 20;JR 417 / 20;JR 418 / 20;JR 420 / 20;JR 421 / 20;JR 422 / 20;JR 423 / 20) [2022] ZALCJHB 290; (2023) 44 ILJ 204 (LC) (14 October 2022)

Court

Labour Court Johannesburg

Case number

JR 416 / 20;JR 417 / 20;JR 418 / 20;JR 420 / 20;JR 421 / 20;JR 422 / 20;JR 423 / 20

Judge

Snyman

The Labour Court held that the CCMA commissioner committed misconduct by failing to convene an oral hearing in opposed proceedings where material factual disputes existed regarding compliance with the compliance orders. The commissioner did not properly exercise discretion under section 73(2) of the BCEA and failed to consider the evidence and objections presented by the applicants. The absence of a fair hearing violated the audi alteram partem principle and vitiated the arbitration awards. The Court set aside all the arbitration awards and remitted the consolidated dispute to the CCMA for a…

Source excerpt

• Ccma Review
• Compliance Order Enforcement
• Audi Alteram Partem
• Motion Proceedings
• Basic Conditions Of Employment Act
• Arbitrator Misconduct

Icon Earthworks (Pty) Ltd v Caliber 293 (Pty) Ltd and Another (10086/2019)

Icon Earthworks (Pty) Ltd v Caliber 293 (Pty) Ltd and Another (10086/2019) [2021] ZAGPPHC 201 (6 April 2021)

Court

North Gauteng High Court, Pretoria

Case number

10086/2019

Judge

G.T. Avvakoumides

The High Court dismissed leave to appeal against a review judgment concerning an arbitration award, finding no reasonable prospect of success.

• Arbitration Review
• Procedural Irregularity
• Gross Irregularity
• Leave To Appeal
• Arbitrator Misconduct
• Arbitration-review

Gabavana v South African Local Government Bargaining Council and Others (C1111/2018)

Gabavana v South African Local Government Bargaining Council and Others (C1111/2018) [2021] ZALCCT 26 (26 January 2021)

Court

Labour Court Cape Town

Case number

C1111/2018

Judge

Rabkin-Naicker

Labour Court review of a dismissal award: the arbitrator ignored relevant evidence, acted improperly in questioning the applicant, and the dismissal was found substantively unfair.

• Unfair Dismissal
• Procedural Fairness
• Substantive Fairness
• Incapacity
• Arbitrator Misconduct
• Compensation For Unfair Dismissal

Lubbe Construction (Pty) Ltd v Mahon NO and Another (0044751/17)

Lubbe Construction (Pty) Ltd v Mahon NO and Another (0044751/17) [2020] ZAGPJHC 102 (23 April 2020)

Court

South Gauteng High Court, Johannesburg

Case number

0044751/17

Judge

Vally

The High Court dismissed a review of an arbitration award, holding that the arbitrator could proceed in the applicant’s absence and that no misconduct or irregularity was shown.

• Arbitration Act Review
• Arbitrator Misconduct
• Gross Irregularity
• Finality Of Litigation
• Arbitration-review
• Arbitrator-misconduct

Tladi v CCMA (JR837/15)

Tladi v CCMA (JR837/15) [2020] ZALCJHB 65 (13 March 2020)

Court

Labour Court Johannesburg

Case number

JR837/15

Judge

Nieuwoudt

The Labour Court reinstated a late review, rejected a Rule 11 dismissal, and set aside a CCMA award after finding commissioner misconduct.

• Condonation
• Review Of Arbitration Award
• Practice Manual Compliance
• Arbitrator Misconduct
• De Novo Hearing
• Labour-court-review

Bantry Construction Services (Pty) Ltd v Raydin Investments (Pty) Ltd (128/08)

Bantry Construction Services (Pty) Ltd v Raydin Investments (Pty) Ltd (128/08) [2009] ZASCA 10; 2009 (3) SA 533 (SCA) ; [2009] 3 All SA 1 (SCA) (17 March 2009)

Court

Supreme Court of Appeal

Case number

128/08

Judges

Harms, Brand, Ponnan, Snyders, Mhlantla

The Supreme Court of Appeal upheld an order making an arbitration award court order, holding Bantry had not properly reviewed the award or proved irregularity.

• Arbitration Award Enforcement
• Arbitrator Misconduct
• Review Of Arbitration
• Condonation
• Gross Irregularity
• Arbitration