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South Africa decisions
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Char Trade 117 CC t/a Ace Packaging v Kloppers And Others (JR2198/13) [2016] ZALCJHB 28 (1 January 2016)
Labour Court review of a CCMA award found Kloppers’ dismissal substantively unfair, but corrected the procedural-fairness finding and reduced compensation to six months’ salary.
Henric Ferrochrome (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR1802/12) [2015] ZALCJHB 217 (22 July 2015)
The court found that the explanation for the late filing of the answering affidavit was inadequate, consisting largely of hearsay and unsupported allegations, and did not meet the requirements for condonation. The Commissioner’s arbitration award was reviewable because he failed to consider the totality of the evidence, particularly regarding whether an instruction to install seat belts was issued to Luies. The Commissioner’s literal interpretation of the e-mail was unreasonable given the broader context and evidence. Furthermore, the Commissioner misconstrued the test for bias, relying on hi…
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Mushwana v Hand-In-Hand Southern Africa and Others (JR2384/2011) [2013] ZALCJHB 314 (23 October 2013)
The court found that the applicant failed to establish any proper grounds for review under section 145(2) of the Labour Relations Act. The commissioner’s award was well-reasoned, and the applicant’s procedural rights were upheld during the disciplinary hearing. The allegations of bias were not substantiated by any tangible evidence, and the applicant did not raise the issue of bias at the disciplinary hearing nor call any witnesses during arbitration. The change of venue was made to accommodate the applicant and his witnesses, and economic considerations were reasonable. The applicant’s belat…
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National Union of Mineworkers and Others v Commission for Conciliation Mediation and Arbitration and Others (C504/06) [2010] ZALC 325 (25 March 2010)
Review of a labour arbitration award concerning dismissal for sleeping on duty and procedural unfairness. The court upheld most findings but increased compensation to four months' salary.
Karen Beef (Pty) Ltd v Bovane N.O and Others (JR1605/05) [2008] ZALC 50; [2008] 8 BLLR 766 (LC) ; (2008) 29 ILJ 2959 (LC) (1 April 2008)
Labour Court review of a CCMA award in a dismissal dispute. The court found no reasonable basis for bias or for rejecting the employer’s evidence and upheld the fairness of the dismissal.
Rope Constructions Company (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (J1014/00) [2001] ZALC 221; (2002) 23 ILJ 157 (LC) (6 December 2001)
Labour Court review of a CCMA award on procedural fairness and compensation for dismissal.
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