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Bridge Service and Panel (Pty) Ltd v Commission for Conciliation, Mediation, and Arbitration (JR439/21) [2024] ZALCJHB 98 (21 February 2024)
The Labour Court set aside a CCMA award, finding the commissioner failed to properly apply evidentiary rules and ignored common-cause facts.
Mystra (Pty) Ltd t/a Silverton Spar and Tops v Thoka N.O. and Others (JR 416 / 20;JR 417 / 20;JR 418 / 20;JR 420 / 20;JR 421 / 20;JR 422 / 20;JR 423 / 20) [2022] ZALCJHB 290; (2023) 44 ILJ 204 (LC) (14 October 2022)
The Labour Court held that the CCMA commissioner committed misconduct by failing to convene an oral hearing in opposed proceedings where material factual disputes existed regarding compliance with the compliance orders. The commissioner did not properly exercise discretion under section 73(2) of the BCEA and failed to consider the evidence and objections presented by the applicants. The absence of a fair hearing violated the audi alteram partem principle and vitiated the arbitration awards. The Court set aside all the arbitration awards and remitted the consolidated dispute to the CCMA for a…
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Makulala v Markos Bros (Pty) Ltd t/a Witfield Spar and Others (JR 441/2021) [2022] ZALCJHB 38 (8 March 2022)
The Labour Court refused leave to appeal against dismissal of a review, holding the review was filed late without condonation and had no prospects of success.
Shoba-Zikhali v Technology Innovation Agency and Others (D 1462/2019) [2022] ZALCD 1 (22 February 2022)
The court found that although the applicant filed the record with the Registrar within the prescribed 60-day period, she failed to serve the record on the first respondent within that same period, only doing so months later. No application for condonation or extension was made, nor was any direction sought from the Judge President. In terms of Rule 7A(6) and clause 11.2 of the Practice Manual, the application is deemed withdrawn for non-compliance. As a result, there is no matter before the court, and the application must be removed from the roll. Regarding costs, the court exercised its disc…
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Power M Security (Pty) Ltd v Azkim and Others (JR 336/21) [2021] ZALCJHB 221 (12 August 2021)
The Labour Court reviewed and set aside a CCMA ruling refusing condonation for a late rescission application, granted condonation, and remitted the matter to the CCMA.
Danone Southern Africa (Pty) Ltd and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR2177/16) [2017] ZALCJHB 252 (30 June 2017)
The Labour Court reviewed and set aside a CCMA ruling that consolidated and condoned disputes brought by a non-union representative without proper mandate or live disputes.
Sibeko v Xstrata Coal South Africa and Others (JR2189/13) [2016] ZALCJHB 90; (2016) 37 ILJ 1230 (LC) (3 February 2016)
The Labour Court held that the CCMA Commissioner erred in law by refusing reinstatement as the primary remedy for substantively unfair dismissal. The Commissioner’s reliance on the applicant’s conduct during arbitration was misplaced, as section 193(2) of the Labour Relations Act only permits denial of reinstatement where the circumstances surrounding the dismissal itself render continued employment intolerable or impracticable. The applicant’s conduct during the arbitration did not fall within these statutory exceptions. The Commissioner had other remedies available to address misconduct dur…
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Herholdt v Nedbank Ltd (701/2012) [2013] ZASCA 97; 2013 (6) SA 224 (SCA); [2013] 11 BLLR 1074 (SCA); (2013) 34 ILJ 2795 (SCA) (5 September 2013)
The Supreme Court of Appeal held that the Labour Court and Labour Appeal Court correctly set aside the CCMA arbitrator's award. The arbitrator had not misconceived the nature of the enquiry, but her conclusion that the appellant was not dishonest was not one that a reasonable decision-maker could reach on the evidence. The court reaffirmed that the grounds for review under section 145(2)(a) of the Labour Relations Act are narrow and must be interpreted in light of the constitutional standard of reasonableness as set out in Sidumo. Material errors of fact or law are only relevant if they rende…
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Khan v Local Trans and Another (C690/2009) [2010] ZAWCHC 659 (20 April 2010)
The High Court reviewed and set aside a CCMA condonation ruling, finding the commissioner failed to assess whether a service agreement was a sham disguising continued employment.
Rustenburg Platinum Mines Ltd (Rustenburg Section) v Commission for Conciliation, Mediation and Arbitration and Others (598/05) [2006] ZASCA 175; [2007] 1 All SA 164 (SCA); 2007 (1) SA 576 (SCA); [2006] 11 BLLR 1021 (SCA); (2006) 27 ILJ 2076 (SCA) (26 September 2006)
The Supreme Court of Appeal held that the CCMA commissioner’s decision to reinstate the employee was not rationally connected to the information before him or the reasons given, as the decision was substantially influenced by bad reasons, including the absence of proven losses, the employee’s alleged mistake, and lack of dishonesty. The commissioner failed to appreciate the gravity of the misconduct and the breach of trust inherent in the employee’s failure to perform his core duties. The proper test for review is whether there is a rational objective basis justifying the connection between t…
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