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South Africa decisions
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Diedricks v Expert-Tech (PTY) Ltd and Others (PR 168/20) [2022] ZALCPE 31 (31 October 2022)
Labour Court review of a CCMA ruling set aside a dismissal after the commissioner failed to consider a postponement application before proceeding.
Kimberley Ekapa Mining Joint Venture v Setlhodi and Others (C634/2019) [2021] ZALCCT 89 (19 November 2021)
The Labour Court reviewed and set aside a CCMA award after finding the commissioner may have discouraged the employee from testifying, undermining procedural fairness.
National Union of Metal Workers of South Africa and Another v Wainwright NO and Others (JR1060/10) [2015] ZALCJHB 48; (2015) 36 ILJ 2097 (LC) (24 February 2015)
The court found that the commissioner committed gross irregularities and misconduct by refusing to adjourn the arbitration to allow Mhlungu's representative to arrive, failing to explain the process to an unrepresented party, and neglecting to ascertain and provide for Mhlungu's right to an interpreter. The commissioner's conduct created a hostile and intimidating environment, failed to deal with all issues before him, and demonstrated bias towards the employer. The denial of fundamental rights to representation and language assistance deprived Mhlungu of a fair hearing. The commissioner's ha…
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Moshela v Commission for Conciliation Mediation and Arbitration and Others (JR1524/06) [2011] ZALCJHB 55; (2011) 32 ILJ 2692 (LC) (1 July 2011)
The court found that the Commissioner did not commit a reviewable irregularity in refusing the postponement, as the applicant had sufficient legal representation and failed to show prejudice. The Commissioner did not improperly assist the respondent's witness, and his inquisitorial approach was justified. The Commissioner correctly applied his mind to the evidence regarding the boxes shipped and returned, and his findings were reasonable on the balance of probabilities. The criminal acquittal was based on a higher standard of proof and did not affect the arbitration outcome. However, the cour…
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Rainbow Drivers and Crews (Pty) Ltd v Commission of Conciliation Mediation Arbitration and Others (JR531/01) [2003] ZALCJHB 16 (31 January 2003)
Labour Court review dismissed where the applicant failed to prove CCMA misconduct or a reviewable irregularity in an unfair dismissal arbitration.
Fabbriciani v Commission for Conciliation Mediation and Arbitration and Others (J3298/98) [1998] ZALC 149 (18 December 1998)
The applicant's allegations regarding the commissioner's conduct were legally irrelevant and unsupported by factual evidence. The commissioner had considered the relevant facts and applied the correct legal principles regarding constructive dismissal. The applicant failed to prove entitlement to a salary increase or payment for studies, and did not demonstrate that the employer's conduct rendered continued employment intolerable. The timing of the resignation indicated dissatisfaction with the salary increase rather than intolerable working conditions. No misconduct or gross irregularity was…
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University of the North v Mthombeni and Another (J630/97) [1998] ZALC 33 (18 June 1998)
The Labour Court reviewed and set aside a CCMA award after finding the commissioner failed to ensure a fair arbitration hearing and applied procedure inconsistently.
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