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South Africa decisions
Decisions matching the current search
Notley v Great North Transport (Pty) Ltd (HCAA10/2020) [2021] ZALMPPHC 27 (1 June 2021)
The High Court held that a Labour Court settlement order did not replace a CCMA reinstatement award, and the appellant could claim back-pay for the interim period.
Maanaso and Another v Techniflex CC and Another (J2501/15) [2019] ZALCJHB 50 (19 March 2019)
The Labour Court found the respondents in wilful contempt for failing to reinstate two employees as ordered after a CCMA award was made an order of court.
Matjeke v Fidelity Security Services (Pty) Ltd and Another (J1330/16) [2018] ZALCJHB 158 (3 May 2018)
The applicant failed to prove that the respondents acted wilfully and in bad faith in not complying with the court order. The respondents demonstrated that arrangements for reinstatement were made and confirmed in court. In the absence of evidence of deliberate non-compliance, the requirements for contempt of court were not met. The application was accordingly dismissed.
Source excerpt
Mashao v PHD Pharmaceutical Health Care (JR3506/09) [2017] ZALCJHB 297 (10 August 2017)
The Labour Court found the employee was entitled to retrospective back-pay after reinstatement, but rejected his claim for accrued leave pay.
Foley v Transvaal Abrasives CC (J2003/02) [2015] ZALCJHB 259 (14 August 2015)
The Labour Court granted leave to file a further affidavit in a long-running effort to make a CCMA award an order of court, and reserved costs.
Malmesbury Security CC v Baron (18484/2010) [2010] ZAWCHC 462 (9 September 2010)
The High Court dismissed an urgent application to set aside and stay enforcement of a CCMA award, holding that jurisdiction lay with the Labour Court.
Mdluli v Citimed Total Pharmacy (J2025/02) [2002] ZALC 198 (11 December 2002)
The Labour Court postponed an application to make a CCMA award an order of court and required the respondent to seek condonation for its late review within 21 days.
Siyakha Cleaning Services CC v Ndlanga (C468/01) [2002] ZALC 13; [2002] 5 BLLR 482 (LC) (13 February 2002)
The Labour Court rescinded an earlier order making a CCMA award an order of court, finding the applicant was not in wilful default and had prospects of success.
Dayeni v Container Link (J814/01) [2001] ZALC 207 (14 November 2001)
The Labour Court postponed an application to make a CCMA award an order of court, requiring the respondent first to seek rescission at the CCMA.
Kolobe v Proxenos (Sophia's Restaurant) (J3226/98) [2000] ZALC 10 (6 March 2000)
Labour Court refused to rescind a default order enforcing a CCMA award, holding the respondent had not shown good cause despite complaints about his attorneys.
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