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South Africa decisions
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NV Properties (Pty) Limited v Myburgh N.O and Another (10409/2022) [2024] ZAGPJHC 704 (22 July 2024)
High Court review of an arbitration award under the Arbitration Act was dismissed, while a counter-application to correct a VAT error and make the award an order of court was granted.
Rabinowitz v Levy and Others (1276/2022) [2024] ZASCA 8 (26 January 2024)
The Supreme Court of Appeal held that the arbitrator's powers and procedural discretion were governed by the sale agreement and AFSA rules, which required any amendment to be in writing and signed by the parties. The parties' email did not constitute a binding amendment and could not fetter the arbitrator's discretion. The arbitrator was entitled to determine whether further hearings were necessary and correctly interpreted the email as requiring a further hearing only if the quantum was unclear. The arbitrator's finding that the quantum of the stock claim was clear was based on the evidence,…
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South African Municipal Workers Union v Imbeu Development and Project Management (Pty) Ltd and Another (30236/2021) [2022] ZAGPJHC 1021 (21 November 2022)
The High Court granted leave to appeal, limited to whether the arbitrator exceeded her powers by deciding issues not pleaded by either party.
Fikeni NO and Others v Godfrey NO and Another (1485/2017) [2018] ZAKZDHC 49 (27 September 2018)
The High Court dismissed a review of an arbitration award, holding that the arbitrator neither committed a gross irregularity nor exceeded his powers.
Msagala v Transnet Soc Ltd and Others (J492/2017) [2017] ZALCJHB 370; (2018) 39 ILJ 259 (LC); [2018] 2 BLLR 193 (LC) (9 October 2017)
The court held that an arbitrator appointed under section 188A of the Labour Relations Act acts independently under the auspices of the bargaining council and does not represent the employer. The arbitrator exercises statutory powers and is not bound by the employer's disciplinary code or procedures. Consequently, the ruling refusing discovery of forensic reports was not made by the employer or its representative, and thus is not reviewable under section 158(1)(h) on the basis of legality. The application was dismissed as the applicant conceded that, in these circumstances, the review could n…
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IMATU v City of Cape Town (CA 13/2013) [2015] ZALAC 68 (23 April 2015)
The Labour Appeal Court upheld review of arbitration awards placing municipal employees into posts, finding the arbitrator exceeded powers under the collective agreement and statute.
Independent Municipal And Allied Trade Union v City of Cape Town and Others (CA 13/2013) [2015] ZALAC 9 (23 April 2015)
The Labour Appeal Court upheld the setting aside of arbitration awards that ordered employee placements, holding the arbitrator exceeded powers reserved by statute.
Chetty t/a Nationwide Electrical v Hart N.O. and Another (12559/2012) [2014] ZAKZDHC 9 (25 March 2014)
The court held that arbitration proceedings do not constitute 'legal proceedings' as contemplated by section 133 of the Companies Act. The interpretation of 'legal proceedings' should follow the ordinary meaning as set out in Van Zyl v Eudodia Trust, which refers to lawsuits before a court. The applicant's reliance on Bristol Airport plc v Powdrill was rejected, as the court found that the statutory context in South Africa did not support the inclusion of arbitration within the scope of section 133. As a result, the arbitrator did not act outside his powers or commit a gross irregularity by p…
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Dexgroup (Pty) Ltd v Trustco Group International (Pty) Ltd and Others (687/12) [2013] ZASCA 120; 2013 (6) SA 520 (SCA); [2014] 1 All SA 375 (SCA) (20 September 2013)
The Supreme Court of Appeal dismissed a challenge to an arbitration award, holding that there was no gross irregularity and the arbitrator had not exceeded his powers.
Ferreira v Tyre Manufactures Bargaining Council and Others (P 22/11) [2012] ZALCPE 8; (2013) 34 ILJ 364 (LC) (18 May 2012)
The Labour Court held that an arbitrator could dismiss a referral for unjustified delay, and dismissed a review against that ruling.
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