South Africa Case Law

Sasol South Africa Limited v Association of Mineworkers and Construction Union and Another (2025/029924)

Sasol South Africa Limited v Association of Mineworkers and Construction Union and Another (2025/029924) [2025] ZALCJHB 113 (18 March 2025)

Court

Labour Court Johannesburg

Case number

2025/029924

Judge

Tlhotlhalemaje

The Labour Court confirmed an interdict against a strike over Sasol’s 4-shift system, finding no live dispute existed when the strike notice was issued.

• Protected Strike
• Mutual Interest Dispute
• Shift Allowance
• Strike Interdict
• Certificate Of Outcome
• Rights Vs Interests

Gibela Rail Transport Consortium (Pty) Ltd v National Transport Movement obo Khumalo and Others (J1180/21)

Gibela Rail Transport Consortium (Pty) Ltd v National Transport Movement obo Khumalo and Others (J1180/21) [2021] ZALCJHB 374 (18 October 2021)

Court

Labour Court Johannesburg

Case number

J1180/21

Judge

Tlhotlhalemaje

The Labour Court interdicted a strike based on an old certificate of outcome, holding that the union had delayed unreasonably and needed to restart section 64 procedures.

• Strike Interdict
• Certificate Of Outcome
• Urgency
• Conciliation Process
• Protected Strike
• Procedural Compliance

Mabuti v Boxing South Africa (JS638/2015)

Mabuti v Boxing South Africa (JS638/2015) [2017] ZALCJHB 277 (27 July 2017)

Court

Labour Court Johannesburg

Case number

JS638/2015

Judge

Prinsloo

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects of success and awarding costs.

• Leave To Appeal
• Jurisdiction Of Labour Court
• Condonation
• Costs Award
• Certificate Of Outcome
• Leave-to-appeal

Cinqplast Plastop (Pty) Ltd v Dunn NO and Others (JR1751/14)

Cinqplast Plastop (Pty) Ltd v Dunn NO and Others (JR1751/14) [2016] ZALCJHB 78 (25 January 2016)

Court

Labour Court Johannesburg

Case number

JR 1751/14

Judge

Van Niekerk

The court held that both commissioners erred in law by finding that the issuing of a certificate of outcome precluded consideration of the jurisdictional point. The union's referral was made outside the prescribed 90-day period, and no condonation was sought or granted. The uncontested evidence established that any alleged breach of the recall agreement occurred in 2004, not in 2008 as claimed by the union. Accordingly, the bargaining council lacked jurisdiction to conciliate or arbitrate the dispute. The rulings of the commissioners were set aside and substituted with a dismissal of the refe…

Source excerpt

• Jurisdiction Of Bargaining Council
• Late Referral
• Condonation
• Certificate Of Outcome
• Unfair Labour Practice

Hughes v Lazarus And Co (JS115/2013)

Hughes v Lazarus And Co (JS115/2013) [2015] ZALCJHB 270 (17 August 2015)

Court

Labour Court Johannesburg

Case number

JS115/2013

Judge

Van Niekerk

The Labour Court condoned a 53-day late referral after finding the applicant had given a reasonable explanation for the delay and no costs order was made.

• Condonation Of Late Referral
• Section 162 Lra
• Dismissal Dispute
• Certificate Of Outcome
• Condonation
• Late-referral

KLM Consulting (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR1256/2005)

KLM Consulting (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR1256/2005) [2014] ZALCJHB 377 (3 October 2014)

Court

Labour Court Johannesburg

Case number

JR1256/2005

Judge

O Mooki

Labour Court dismissed a review where the applicant admitted misleading the CCMA by treating a resignation as a retrenchment, and raised jurisdiction too late.

• Unfair Labour Practice
• Jurisdiction Of Ccma
• Review Of Arbitration Award
• Fraud On Tribunal
• Condonation
• Certificate Of Outcome

Steel Sensations (Pty) Ltd v Conway and Others (J2811/12)

Steel Sensations (Pty) Ltd v Conway and Others (J2811/12) [2013] ZALCJHB 184 (8 August 2013)

Court

Labour Court Johannesburg

Case number

J2811/12

Judge

Visagie

The Labour Court held that the second respondent, acting under the auspices of the third respondent, issued a certificate of outcome without properly considering the condonation application. The court found that the consideration of the condonation application is a jurisdictional fact that must exist before the tribunal can act. The failure to hear and determine the condonation application before issuing the certificate constituted a material irregularity in the proceedings. Consequently, the certificate of outcome was erroneously issued and must be set aside. The third respondent is directed…

Source excerpt

• Condonation Application
• Jurisdiction Of Bargaining Council
• Certificate Of Outcome
• Unfair Dismissal

South African Municipal Workers Union and Another v South African Local Government Bargaining Council and Others (JR 1517/12)

South African Municipal Workers Union and Another v South African Local Government Bargaining Council and Others (JR 1517/12) [2013] ZALCJHB 190 (1 August 2013)

Court

Labour Court Johannesburg

Case number

JR 1517/12

Judge

F A Boda

The court held that the erroneous categorization of the dispute on the certificate of outcome did not affect the Bargaining Council’s jurisdiction to arbitrate the unfair dismissal dispute. The certificate merely records whether the dispute was resolved or unresolved and does not confer jurisdiction. The arbitrator’s ruling to dismiss the matter based on the certificate’s error was incorrect. Although the delay in bringing the review application was significant and the explanation for the delay was poor, the prospects of success were unassailable and the interests of justice required that con…

Source excerpt

• Unfair Dismissal
• Jurisdiction Of Bargaining Council
• Condonation
• Certificate Of Outcome
• Access To Justice

Seardel Group Trading (Pty) Ltd t/a Berg River Textiles v South African Clothing and Textile Workers Union (SACTWU) and Others (C592/2011)

Seardel Group Trading (Pty) Ltd t/a Berg River Textiles v South African Clothing and Textile Workers Union (SACTWU) and Others (C592/2011) [2012] ZALCCT 14 (14 March 2012)

Court

Labour Court Cape Town

Case number

C592/2011

Judge

Steenkamp

The Labour Court held that a certificate of outcome issued by a CCMA commissioner is not a ruling but merely a record that the dispute remains unresolved. It does not confer jurisdiction or entitle parties to strike or arbitrate, nor is it subject to review under section 158(1)(g) of the LRA. The applicant's argument that the commissioner committed a gross irregularity by categorising the dispute as one of mutual interest was rejected. The Court followed Bombardier Transportation, confirming that the certificate of outcome has no legal significance beyond recording the unresolved status of th…

Source excerpt

• Collective Agreements
• Certificate Of Outcome
• Review Of Commissioner Decision
• Strike Action
• Jurisdiction Of Ccma

Road Accident Fund v South African Transport And Allied Workers Union (SATAWU) obo Members and Others (J750/10)

Road Accident Fund v South African Transport And Allied Workers Union (SATAWU) obo Members and Others (J750/10) [2010] ZALCJHB 334 (13 April 2010)

Court

Labour Court Johannesburg

Case number

J750/10

Judge

Molahlehi

The court found that the requirements of section 64(1)(a) of the Labour Relations Act were satisfied, as the dispute was properly referred to the CCMA and either a certificate of outcome was issued or the statutory period had elapsed. The appointment of the conciliating commissioner was not irregular, as any duly appointed commissioner may perform the function. The dispute was suspended, not withdrawn, and was validly resuscitated by the respondent. The demands in the strike notice were consistent with those in the original referral, focusing on the protection of employment conditions. The ap…

Source excerpt

• Strike Action
• Conciliation Procedure
• Certificate Of Outcome
• Mutual Interest Dispute
• Section 64 Lra
• Section 135 Lra