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South Africa decisions
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Maye Serobe (Pty) Ltd v LEWUSA obo Members and Others (J2377/12) [2015] ZALCJHB 116 (9 April 2015)
The Labour Court dismissed a review of a CCMA settlement, holding that the applicant’s representative was authorised and no duress or improper influence was proved.
Kasipersad v CCMA and Others (D719/02) [2002] ZALC 89; (2003) 24 ILJ 178 (LC); [2003] 2 BLLR 187 (LC) (15 November 2002)
The Commissioner failed to maintain impartiality by presenting only negative scenarios to the applicant and not advising him of possible positive outcomes, leading the applicant to reasonably infer that he was being advised to withdraw his dispute. The Commissioner did not correct this perception when the applicant withdrew based on her advice. Furthermore, the Commissioner did not properly address the severance pay issue, failing to postpone the conciliation to allow engagement between the parties. The applicant was given an opportunity to consult his legal representative, and the requests f…
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Rustenburg Base Metal Refiners (Pty) Limited and Another v National Union of Mineworkers and Others (J2397/02) [2002] ZALC 152; [2002] 11 BLLR 1097 (LC); (2002) 23 ILJ 1891 (LC) (27 June 2002)
The Labour Court lacks jurisdiction to order specific performance of the ERPA or to interdict the CCMA from entertaining the dispute, as disputes about the interpretation or application of a collective agreement must be resolved by arbitration under section 24 of the LRA. The unions are entitled to choose either the domestic dispute resolution procedure or the statutory procedure under section 64(1) of the LRA to pursue protected strike action. The referrals made by the unions do not constitute contempt of the previous order, as the subject matter and demands differ, and there is no evidence…
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Virgin Active South Africa (Pty) Ltd v Mathole N.O. And Others (JR 945/01) [2002] ZALC 34; [2002] 6 BLLR 593 (LC); (2002) 23 ILJ 948 (LC) (11 April 2002)
The court held that the CCMA is generally entitled to determine the jurisdictional fact of whether an employment relationship exists at the conciliation stage. Section 191 of the Labour Relations Act requires that only a dismissed employee may refer a dispute about dismissal to the CCMA, and if the status of the referring party as an employee is challenged, it must be determined at that stage. The court found no basis to interfere with the CCMA Commissioner's ruling and dismissed the application, confirming that the CCMA had jurisdiction to determine the employment relationship for purposes o…
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National Bargaining Coucil for the Road Freight Industry v Roets and Others (J2258/98) [1999] ZALC 66 (30 April 1999)
The Labour Court held that three respondents committed contempt by ignoring subpoenas for conciliation before a bargaining council and imposed fines and costs.
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