South Africa Case Law

George and Mossie's Supermarket (Pty) Ltd t/a Pick 'n Pay Brightwater Commons v Commission for Conciliation, Mediation and Arbitration and Others (JR1965/2016)

George and Mossie's Supermarket (Pty) Ltd t/a Pick 'n Pay Brightwater Commons v Commission for Conciliation, Mediation and Arbitration and Others (JR1965/2016) [2018] ZALCJHB 249 (17 July 2018)

Court

Labour Court Johannesburg

Case number

JR1965/2016

Judge

E Tlhotlhalemaje

The Labour Court found that the Commissioner failed to properly consider whether good cause was shown for rescission, as required by section 144 of the LRA. The Commissioner ended his enquiry after concluding the default award was not erroneously sought or made, without weighing the applicant's explanation for default or its bona fide defence. The Court held that the Commissioner did not exercise his discretion judicially, especially as he indicated he would not consider a postponement application and proceeded with arbitration in the applicant's absence. The applicant provided a detailed exp…

Source excerpt

• Rescission Of Arbitration Award
• Default Judgment
• Wilful Default
• Good Cause
• Unfair Dismissal
• Ccma Procedure

Pikitup Johannesburg SOC Limited v Ntombela NO and Others (JR406/14)

Pikitup Johannesburg SOC Limited v Ntombela NO and Others (JR406/14) [2016] ZALCJHB 88; (2016) 37 ILJ 1199 (LC) (12 February 2016)

Court

Labour Court Johannesburg

Case number

JR406/14

Judge

Hardie

Labour Court review of a CCMA rescission ruling was dismissed because the rescission was out of time and no condonation application accompanied it.

• Rescission Application
• Condonation
• Ccma Procedure
• Functus Officio
• Late Filing
• Ccma-procedure

Thejane v Rustenburg Platinum Mine and Others (JR1998/11)

Thejane v Rustenburg Platinum Mine and Others (JR1998/11) [2013] ZALCJHB 351 (21 November 2013)

Court

Labour Court Johannesburg

Case number

JR1998/11

Judge

Van Niekerk

The Labour Court dismissed an application for condonation for a late leave-to-appeal filing, finding an almost eight-month delay was inadequately explained.

• Condonation
• Leave To Appeal
• Review Of Arbitration Award
• Ccma Procedure
• Leave-to-appeal
• Labour-court

Utility Economics CC v Commission for Conciliation Mediation and Arbitration and Others (JR2531/10)

Utility Economics CC v Commission for Conciliation Mediation and Arbitration and Others (JR2531/10) [2013] ZALCJHB 103 (21 May 2013)

Court

Labour Court Johannesburg

Case number

JR2531/10

Judge

Steenkamp

The Labour Court dismissed an employer’s stale review for two years of inaction, made the CCMA award an order of court, and ordered costs.

• Review Of Arbitration Award
• Dismissal For Delay
• Costs Award
• Ccma Procedure
• Labour-law
• Ccma-review

Hulme v KLM Consulting Services (Pty) Ltd (JR1256/05)

Hulme v KLM Consulting Services (Pty) Ltd (JR1256/05) [2013] ZALCJHB 23; [2013] 9 BLLR 920 (LC) (26 February 2013)

Court

Labour Court Johannesburg

Case number

JR1256/05

Judge

Steenkamp

The Labour Court dismissed an application to dismiss a delayed review, finding both parties contributed to the delay and the matter should proceed unopposed.

• Unreasonable Delay
• Review Of Arbitration Award
• Dismissal Vs Resignation
• Ccma Procedure
• Unreasonable-delay
• Ccma-review

Shoprite Checkers (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (P394/2004)

Shoprite Checkers (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (P394/2004) [2005] ZALC 72; (2005) 26 ILJ 1119 (LC); (2005) 26 ILJ 1514 (LC); [2005] 8 BLLR 816 (LC) (5 May 2005)

Court

Labour Court

Case number

P394/2004

Judge

Pillay D

The court held that good cause is not a statutory requirement for rescission of CCMA arbitration awards under section 144 of the Labour Relations Act or Rule 32 of the CCMA Rules. The Commissioner was only required to establish whether proper notice of the arbitration was given to the applicant. The applicant's explanation for its absence, namely the mis-diarising of the date, did not amount to good cause and was justifiably rejected by the Commissioner. The Commissioner's decision was not reviewable on the grounds of misconduct, gross irregularity, or irrationality, as he applied his mind to…

Source excerpt

• Rescission Of Arbitration Award
• Good Cause Requirement
• Ccma Procedure
• Review Of Commissioner Decision

Mhlanga v BMW SA (JR854/02)

Mhlanga v BMW SA (JR854/02) [2002] ZALC 173 (15 October 2002)

Court

Labour Court

Case number

JR854/02

Judge

Revelas

The Labour Court dismissed a review of the CCMA’s refusal to grant condonation for a late referral, finding no basis to interfere with the commissioner’s discretion.

• Condonation
• Late Referral
• Ccma Procedure
• Exercise Of Discretion
• Late-referral
• Ccma-procedure

Rustenburg Platinum Mines v Nosilela and Others (JR381/01)

Rustenburg Platinum Mines v Nosilela and Others (JR381/01) [2002] ZALC 109; [2002] 5 BLLR 480 (LC) (26 February 2002)

Court

Labour Court

Case number

JR381/01

Judge

AA Landman

The court found that there was no evidence that Mr Nosilela was authorised by the other employees to refer the dispute to the CCMA on their behalf. While the employees signed a list attached to the referral for arbitration, this did not constitute a mandate or power of attorney for the referral of the dispute. The law requires proper authorisation for one employee to act on behalf of others in referring a dispute. The Commissioner’s finding that the 2nd to 22nd respondents properly referred the dispute was incorrect in law and therefore reviewable. The referral in respect of the first respond…

Source excerpt

• Referral Of Dispute
• Mandate And Authorisation
• Joinder Of Parties
• Ccma Procedure

Durand and Bowden (Pty) Ltd v Kleinot NO and Others (JR728/01)

Durand and Bowden (Pty) Ltd v Kleinot NO and Others (JR728/01) [2002] ZALCJHB 17 (7 February 2002)

Court

Labour Court Johannesburg

Case number

JR728/01

Judge

AA Landman

The court held that section 144 of the Labour Relations Act does not empower a CCMA commissioner to rescind a condonation ruling, as such rulings are not arbitration awards. The functus officio doctrine applies, and the commissioner became functus officio after issuing the initial condonation ruling. The CCMA rules cannot override the Act or common law to permit rescission of final condonation rulings. Any voidable condonation ruling may only be set aside by the Labour Court on review, not by the commissioner herself. Accordingly, the rescission ruling and subsequent condonation were declared…

Source excerpt

• Condonation Of Late Referral
• Rescission Of Ruling
• Functus Officio
• Ccma Procedure

Mahlangu v Tee-Eff Supermarket (J130/01)

Mahlangu v Tee-Eff Supermarket (J130/01) [2001] ZALC 73 (22 May 2001)

Court

Labour Court

Case number

J130/01

Judge

E Revelas

The Labour Court granted an application to make a CCMA arbitration award an order of court after the respondent failed to prove service of a rescission application.

• Arbitration Award Enforcement
• Recission Application
• Section 158 1 C
• Ccma Procedure
• Arbitration-award-enforcement
• Rescission-application