South Africa Case Law

Maarman v Commission For Conciliation, Mediation and Arbitration and Others (JR 1464/2020)

Maarman v Commission For Conciliation, Mediation and Arbitration and Others (JR 1464/2020) [2023] ZALCCT 68 (31 July 2023)

Court

Labour Court Cape Town

Case number

JR 1464/2020

Judge

Mabaso

The Labour Court dismissed both a late cross-review and the employee’s review, upholding an arbitration award that denied reinstatement and granted compensation.

• Condonation Of Late Filing
• Unfair Dismissal
• Remedies For Unfair Dismissal
• Breakdown Of Trust Relationship
• Intolerability
• Compensation Vs Reinstatement

NEHAWU obo Chakela v Vaal University of Technology and Others (JR2456/2008)

NEHAWU obo Chakela v Vaal University of Technology and Others (JR2456/2008) [2014] ZALCJHB 381 (9 October 2014)

Court

Labour Court Johannesburg

Case number

JR2456/2008

Judge

Molahlehi

The court found that the applicant had unequivocally accepted the payment made by the first respondent in compliance with the arbitration award, without any reservation. This conduct amounted to acquiescence and triggered the doctrine of peremption, thereby extinguishing the applicant's right to review the award. The court held that the peremption point raised by the first respondent succeeded and, as a result, dismissed the review application without considering the other preliminary points or the merits of the review. The court further determined that it would not be fair to award costs aga…

Source excerpt

• Peremption
• Review Of Arbitration Award
• Unfair Dismissal
• Compensation Vs Reinstatement

Country Fair Foods v Independent Service Agriculture Food Workers Union and Others (C705/99)

Country Fair Foods v Independent Service Agriculture Food Workers Union and Others (C705/99) [2000] ZALC 32 (19 May 2000)

Court

Labour Court

Case number

C705/99

Judge

Revelas

Labour Court review of a CCMA award set aside for gross irregularity and remitted for rehearing before a different arbitrator.

• Unfair Dismissal
• Arbitration Review
• Compensation Vs Reinstatement
• Gross Irregularity
• Remittal To Ccma
• Unfair-dismissal