South Africa Case Law

Mtambo v Minister of Police and Others (J693/2024)

Mtambo v Minister of Police and Others (J693/2024) [2024] ZALCJHB 266 (5 July 2024)

Court

Labour Court Johannesburg

Case number

J693/2024

Judge

Tlhotlhalemaje

The court found that the applicant's urgency was self-created, as she failed to act promptly after becoming aware of the re-advertisement of the post in March 2024. The applicant's belief that the CCMA proceedings would be concluded before the shortlisting process was unreasonable, and she could have approached the court earlier. The court held that substantial redress was available to the applicant through the CCMA process, including reinstatement if her demotion was found to be unfair. The mere filling of the post did not constitute irreparable harm or justify urgent intervention. According…

Source excerpt

• Urgent Interdict
• Unfair Labour Practice
• Demotion
• Ccma Arbitration
• Self Created Urgency

V v Passenger Rail Agency of South Africa (PRASA) and Others (P60/2018)

V v Passenger Rail Agency of South Africa (PRASA) and Others (P60/2018) [2020] ZALCPE 6 (7 February 2020)

Court

Labour Court Port Elizabeth

Case number

P60/2018

Judge

G N Moshoana

The Labour Court dismissed an appeal against a CCMA sexual harassment award, holding the WhatsApp video was sent by mistake and did not prove harassment.

• Sexual Harassment
• Employment Equity Act
• Vicarious Liability
• Ccma Arbitration
• Workplace Discrimination
• Sexual-harassment

Clover SA (Pty) Limited and Another v Sintwa (CA2011/2015)

Clover SA (Pty) Limited and Another v Sintwa (CA2011/2015) [2016] ZAECGHC 77; [2016] 12 BLLR 1265 (ECG); (2017) 38 ILJ 350 (ECG) (13 September 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

CA2011/2015

Judges

S M Mbenenge, R Griffiths

High Court appeal on defamation and qualified privilege in CCMA arbitration proceedings. The court held the fraud allegation was relevant and the claim failed.

• Qualified Privilege
• Defamation
• Malice
• Ccma Arbitration
• Employment Dismissal
• Damages

Derby Supermarket v CCMA and Others (D778/12)

Derby Supermarket v CCMA and Others (D778/12) [2013] ZALCD 36 (10 December 2013)

Court

Labour Court Durban

Case number

D778/12

Judge

R Lagrange

The Labour Court set aside a CCMA award after finding serious procedural irregularities in the arbitration, including representation issues and reliance on untested opening statements.

• Ccma Arbitration
• Legal Representation
• Procedural Irregularity
• Onus Of Proof
• Dismissal
• Remittal For De Novo Hearing

Trustees for the Time Being of the National Bioinformatics Network Trust v Jacobson and Others (C249/09)

Trustees for the Time Being of the National Bioinformatics Network Trust v Jacobson and Others (C249/09) [2009] ZALCCT 5 (14 April 2009)

Court

Labour Court Cape Town

Case number

C249/09

Judge

Van Niekerk

The Labour Court refused to halt a CCMA arbitration pending review of preliminary rulings on legal representation and recusal, finding no grave injustice.

• Ccma Arbitration
• Legal Representation
• Urgent Interdict
• Review Of Interlocutory Rulings
• Ccma-arbitration
• Legal-representation

Mhlongo v Fidelity Springbok Security Services (JS1267/02)

Mhlongo v Fidelity Springbok Security Services (JS1267/02) [2003] ZALC 142 (5 February 2003)

Court

Labour Court

Case number

JS1267/02

Judge

E Revelas

The Labour Court struck the application from the roll because the applicant bypassed the required review procedure to challenge a CCMA ruling.

• Unfair Dismissal
• Ccma Arbitration
• Review Of Arbitration Award
• Labour-law
• Ccma-review
• Unfair-dismissal

MTN South Africa v Van Jaarsveld and Others (JR991/01)

MTN South Africa v Van Jaarsveld and Others (JR991/01) [2002] ZALC 148 (25 June 2002)

Court

Labour Court

Case number

JR991/01

Judge

Roland Sutherland

The Labour Court set aside a commissioner’s refusal to rescind a CCMA award, finding the applicant had not been shown to be in wilful default.

• Rescission Of Award
• Service By Telefax
• Unfair Dismissal
• Ccma Arbitration
• Default Judgment
• Rescission-of-award

Katywa v Commissioner for Conciliation Mediation and Arbitration and Others (J4176/98)

Katywa v Commissioner for Conciliation Mediation and Arbitration and Others (J4176/98) [2001] ZALC 26; [2001] 6 BLLR 617 (LC) (19 February 2001)

Court

Labour Court

Case number

J4176/98

Judge

E Revelas

The Labour Court dismissed an out-of-time application for leave to appeal, finding no proper explanation for the delay or prospects of success.

• Ccma Arbitration
• Condonation
• Review Of Arbitration Award
• Unfair Dismissal
• Procedural Fairness
• Ccma-arbitration