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South Africa decisions
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Ntombela v Metal and Engineering Industries Bargaining Council and Others (JR443/23) [2025] ZALCJHB 179 (15 May 2025)
The Labour Court condoned a late review, found the commissioner biased and unreasonable, set aside the arbitration award, and ordered reinstatement.
Coca Cola Beverages South Africa v Commission for Conciliation, Mediation and Arbitration and Others (JR 1599/21) [2025] ZALCJHB 105 (12 March 2025)
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.
V and A Placement Agency (Pty) Ltd v Lapan NO and Another (039539/2023) [2024] ZAGPJHC 777 (5 August 2024)
Review of arbitration award dismissed; court held the arbitrator acted within powers, no gross irregularity or bias was shown, and punitive costs were ordered.
Siyathemba Project Management and Development (Pty) Ltd v Weinberg (22984/202) [2024] ZAGPJHC 837 (5 August 2024)
The court found that the respondent's argument regarding repudiation was fundamentally flawed, as repudiation affects the entire agreement and not only the arbitration clause. The facts supporting repudiation were raised in the counterapplication, making the Plascon Evans Rule applicable to factual disputes. The respondent pleaded actual bias and could not shift to perceived bias, as parties are bound by their pleadings in motion proceedings. The arbitrator's conduct regarding witness statements, bundles, fees, and cost orders did not demonstrate bias but rather reflected efforts to resolve t…
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Overberg District Municipality v Lambrechts and Another (C763-2021) [2024] ZALCCT 12 (19 February 2024)
The Labour Court reviewed and set aside an arbitration award after finding the arbitrator biased, misconstrued the charges, and reached unreasonable conclusions.
Mashego v Commission for Conciliation, Mediation and Arbitration and Others (JR 242/2018) [2020] ZALCJHB 111 (15 July 2020)
The court found that the arbitrator properly considered all evidence and applied the correct legal principles in determining the fairness of the applicant's dismissal. The arbitrator's findings regarding the applicant's responsibility for the failed meeting, fruitless expenditure, and contravention of employer policy were supported by the evidence. The applicant's allegations of bias and procedural irregularity were unfounded, as the record showed that both parties' representatives contributed to disruptions and the arbitrator's interventions were reasonable. The court concluded that the arbi…
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Grindrod Logistics (Pty) Ltd v SATAWU obo Kgwele and Others (JA53/16) [2017] ZALAC 60; (2018) 39 ILJ 144 (LAC) (18 October 2017)
Labour Appeal Court upheld a finding that a driver’s dismissal was substantively unfair, despite rejecting bias and misconduct challenges, because discipline was applied inconsistently.
Mkhonza and Another v Scottish Clothing Company and Others (JR1706/13) [2016] ZALCJHB 130 (5 April 2016)
The court found that while certain irregularities occurred during the arbitration, such as the exclusion of the applicants from each other's evidence and the handling of video footage, these were not so gross as to deprive the applicants of a fair opportunity to present their case or to materially distort the outcome. The arbitrator's interventions were largely legitimate attempts to clarify evidence and maintain focus. The applicants failed to demonstrate that the arbitrator's conduct amounted to bias or that any procedural irregularity had a distorting effect on the result. The applicants'…
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National Commissioner of the South African Police Service v Radebe and Others (JR1279/09b) [2016] ZALCJHB 54 (9 February 2016)
The Labour Court granted condonation, reviewed and set aside an arbitration award, and remitted the dispute for a fresh hearing before a different arbitrator.
Imperial Motor Holdings (Pty) Ltd t/a Mercedes Benz Commercial: East Rand v Moletsane NO and Others (JR3251/2009) [2015] ZALCJHB 440 (18 December 2015)
The Labour Court set aside a CCMA-style review award and held the employee’s dismissal for gross dishonesty was substantively and procedurally fair.
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