South Africa Case Law

Alexkor Soc Limited and Another v Carstens (JA7/24)

Alexkor Soc Limited and Another v Carstens (JA7/24) [2025] ZALAC 28; (2025) 46 ILJ 1874 (LAC) (15 May 2025)

Court

Labour Appeal Court

Case number

JA7/24

Judges

Molahlehi JP, Savage ADJP, Van Niekerk JA

The Labour Appeal Court held that the Labour Court does not have jurisdiction to declare pre-arbitration minutes concluded under CCMA Rule 20 invalid, as such matters are internal to the CCMA and should be addressed within its processes. The Court affirmed that administrative decisions, including pre-arbitration minutes, remain valid and binding until set aside by a competent court on review. The appellants failed to pursue a review of the commissioner's ruling and instead sought a declaratory order, which the Labour Court correctly refused. The Court further found that the delays in filing b…

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• Ccma Rules
• Pre Arbitration Minutes
• Jurisdiction Of Labour Court
• Declaratory Orders
• Condonation
• Costs In Labour Matters

Empact Group (Pty) Ltd v Moni N.O and Others (JR1899/2020)

Empact Group (Pty) Ltd v Moni N.O and Others (JR1899/2020) [2025] ZALCJHB 76 (24 February 2025)

Court

Labour Court Johannesburg

Case number

JR1899/2020

Judge

R Itzkin

The Labour Court dismissed Empact Group’s leave to appeal application, finding no reasonable prospects of success and rejecting the challenge based on CCMA email service.

• Rescission Of Award
• Service Of Process
• Ccma Rules
• Leave To Appeal
• Review Of Arbitration
• Leave-to-appeal

Passenger Rail Agency of South Africa (Pty) Ltd v Mathobela and Others (2024/127351)

Passenger Rail Agency of South Africa (Pty) Ltd v Mathobela and Others (2024/127351) [2024] ZALCJHB 446 (13 November 2024)

Court

Labour Court Johannesburg

Case number

2024/127351

Judge

M Makhura

The Labour Court dismissed PRASA’s urgent bid to halt CCMA arbitration pending review of a legal-representation ruling, finding no exceptional circumstances.

• Legal Representation In Arbitration
• Interlocutory Review
• Exceptional Circumstances
• Ccma Rules
• Section 158 1b Lra
• Ccma-legal-representation

Diedricks v Expert-Tech (PTY) Ltd and Others (PR 168/20)

Diedricks v Expert-Tech (PTY) Ltd and Others (PR 168/20) [2022] ZALCPE 31 (31 October 2022)

Court

Labour Court Port Elizabeth

Case number

PR 168/20

Judge

Z Lallie

Labour Court review of a CCMA ruling set aside a dismissal after the commissioner failed to consider a postponement application before proceeding.

• Review Of Arbitration Award
• Postponement Of Arbitration
• Gross Irregularity
• Commissioner Misconduct
• Ccma Rules
• Section 145 Lra

Zulu v Commission for Conciliation, Mediation and Arbitration and Others (D279/2022)

Zulu v Commission for Conciliation, Mediation and Arbitration and Others (D279/2022) [2022] ZALCD 40 (29 August 2022)

Court

Labour Court Durban

Case number

D279/2022

Judge

Allen-Yaman

The Labour Court ordered the CCMA to process Zulu’s rescission application and set it down for hearing, but refused to require a senior commissioner.

• Rescission Application
• Ccma Rules
• Jurisdiction
• Condonation
• Unfair Labour Practice
• Ccma

McCann Worldgroup SA (Pty) Ltd v Landman and Others (JR 48/19)

McCann Worldgroup SA (Pty) Ltd v Landman and Others (JR 48/19) [2020] ZALCJHB 194 (19 June 2020)

Court

Labour Court Johannesburg

Case number

JR 48/19

Judge

Prinsloo

The Labour Court found that the arbitrator's condonation ruling was unreasonable and materially flawed. The arbitrator failed to properly assess whether the Respondent provided a satisfactory explanation for the delay in referring her constructive dismissal dispute, particularly for the period after settlement negotiations ended. The arbitrator incorrectly relied on medical letters that did not cover the relevant period of delay and ignored material facts, such as the Respondent's new employment. Furthermore, the arbitrator did not properly consider the prospects of success, merely noting tha…

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• Condonation
• Constructive Dismissal
• Review Of Arbitration Award
• Ccma Rules
• Prospects Of Success

Kellerman v Commission for Conciliation, Mediation and Arbitration and Others (C312/2017)

Kellerman v Commission for Conciliation, Mediation and Arbitration and Others (C312/2017) [2018] ZALCCT 16 (16 May 2018)

Court

Labour Court Cape Town

Case number

C312/2017

Judge

Rabkin-Naicker

The Labour Court dismissed a review of a CCMA condonation ruling, finding the Commissioner’s delay and prospects-of-success analysis reasonable.

• Condonation
• Unfair Labour Practice
• Demotion
• Late Referral
• Ccma Rules
• Unfair-labour-practice

G4S Secure Solutions (SA) (Pty) Ltd v Gunqubele N.O. and Others (JA86/2016)

G4S Secure Solutions (SA) (Pty) Ltd v Gunqubele N.O. and Others (JA86/2016) [2017] ZALAC 52; [2017] 12 BLLR 1181 (LAC); (2018) 39 ILJ 131 (LAC) (5 September 2017)

Court

Labour Appeal Court

Case number

JA86/2016

Judges

Davis JA, Landman JA, Phatshoane AJA

Labour Appeal Court held the review was timeous, condoned the appeal, and rescinded the CCMA award after finding the commissioner erred on rescission timing.

• Condonation
• Rescission Of Award
• Review Application
• Unreasonable Delay
• Ccma Rules
• Ccma-rescission

Impala Platinum Refineries Limited v National Union of Mineworkers obo Retselisitsoe and Others (JR822/15, JR769/15, JR974/15)

Impala Platinum Refineries Limited v National Union of Mineworkers obo Retselisitsoe and Others (JR822/15, JR769/15, JR974/15) [2017] ZALCJHB 150; [2017] 10 BLLR 1032 (LC) (10 May 2017)

Court

Labour Court Johannesburg

Case number

JR822/15, JR769/15, JR974/15

Judge

Mthombeni

The court found that the commissioner failed to apply established principles regarding postponement of arbitration proceedings, did not properly consider the interests of justice, and disregarded material facts such as the absence of key witnesses and the administrative error by the CCMA. The commissioner’s refusal to postpone resulted in the applicant being denied a fair hearing, constituting a gross irregularity and a failure to exercise discretion judicially. Consequently, both the ruling and the arbitration award were set aside, and the dispute was remitted for a fresh hearing before a di…

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• Postponement Of Arbitration
• Review Of Arbitration Award
• Unfair Dismissal
• Audi Alteram Partem
• Ccma Rules

Girley v Sithole NO and Others (JR2527/13)

Girley v Sithole NO and Others (JR2527/13) [2016] ZALCJHB 154 (13 April 2016)

Court

Labour Court Johannesburg

Case number

JR2527/13

Judge

Baloyi

The Labour Court set aside a CCMA ruling refusing condonation, finding the commissioner improperly preferred bar arguments over sworn evidence and ignored natural justice.

• Condonation
• Unfair Dismissal
• Ccma Rules
• Natural Justice
• Reviewable Irregularity
• Ccma-condonation