South Africa Case Law

Wade Walker (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1870/14)

Wade Walker (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1870/14) [2017] ZALCJHB 296; (2017) 38 ILJ 2842 (LC) (8 August 2017)

Court

Labour Court Johannesburg

Case number

JR1870/14

Judge

Myburgh, AJ

The Labour Court set aside a CCMA award after finding the commissioner wrongly refused a postponement without properly weighing prejudice.

• Postponement Of Arbitration
• Procedural Fairness
• Reviewable Irregularity
• Balance Of Prejudice
• Gross Irregularity
• Postponement-of-arbitration

Fuelogic (Pty) Ltd v Schoeman and Others (JR 1253/2013)

Fuelogic (Pty) Ltd v Schoeman and Others (JR 1253/2013) [2015] ZALCJHB 115 (15 April 2015)

Court

Labour Court Johannesburg

Case number

JR 1253/2013

Judge

Euijen

The Labour Court refused leave to appeal, finding no reasonable prospect of success after rejecting a challenge to a dismissed review arising from a refused postponement.

• Review Of Arbitration Award
• Postponement Of Proceedings
• Balance Of Prejudice
• Commissioner Guidance
• Reinstatement
• Labour-law

Mathe v Minister of Water And Environmental Affairs (J771/10)

Mathe v Minister of Water And Environmental Affairs (J771/10) [2010] ZALCJHB 335 (20 May 2010)

Court

Labour Court Johannesburg

Case number

J771/10

Judge

Lagrange

The court found that the respondent failed to provide a factual basis for a real apprehension that the applicant would interfere with the investigation or intimidate witnesses if permitted to return to work. The applicant's actions prior to her return were related to her protected disclosures and did not amount to conduct justifying continued suspension. The prejudice to the applicant of remaining suspended, even if ultimately vindicated, outweighed any speculative prejudice to the respondent. The investigatory phase was concluded, and there was no evidence of ongoing risk. The court exercise…

Source excerpt

• Precautionary Suspension
• Leave To Execute Judgment
• Protected Disclosure Act
• Balance Of Prejudice

Smith v S (CA&R 150/09)

Smith v S (CA&R 150/09) [2009] ZAECGHC 52 (18 August 2009)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 150/09

Judge

Jones

The High Court allowed a bail appeal, finding the magistrate applied too strict a test and that the applicant’s appeal on conviction was at least arguable.

• Bail Pending Appeal
• Prospects Of Success
• Balance Of Prejudice
• Bail-pending-appeal
• Criminal-law
• Prospects-of-success