South Africa Case Law

South African Cabin Crew Association obo Members v South African Airways (Soc) Ltd and Others (JA40/2024)

South African Cabin Crew Association obo Members v South African Airways (Soc) Ltd and Others (JA40/2024) [2025] ZALAC 45 (21 July 2025)

Court

Labour Appeal Court

Case number

JA40/2024

Judges

Van Niekerk JA, Nkutha-Nkontwana JA, Basson AJA

The Labour Appeal Court dismissed an appeal over CCMA dismissal and jurisdiction rulings, holding the Labour Court could review in medias res under section 158(1B).

• Section 158 1b Exception
• Ccma Jurisdiction
• Unfair Labour Practice
• Review In Medias Res
• Condonation For Late Referral
• Section-158-1b

Seunane v South African Police Service and Others (JR1982/24)

Seunane v South African Police Service and Others (JR1982/24) [2025] ZALCJHB 93 (5 March 2025)

Court

Labour Court Johannesburg

Case number

JR1982/24

Judge

N Tshisevhe

The Applicant failed to provide a satisfactory and detailed explanation for the excessive 200-day delay in referring his dismissal dispute. The sick note relied upon did not corroborate his claimed period of illness, and no confirmatory affidavit was provided. His prospects of success were not demonstrated beyond a bare denial of the misconduct charges. The Second Respondent correctly applied the legal principles governing condonation, including the need for a reasonable explanation for the delay and the weighing of all relevant factors. The Applicant did not identify any reviewable irregular…

Source excerpt

• Condonation For Late Referral
• Jurisdiction Of Bargaining Council
• Review Of Arbitration Award
• Prospects Of Success
• Degree Of Lateness

Department of Correctional Services v General Public Service Sector Bargaining Council and Others (139997/24)

Department of Correctional Services v General Public Service Sector Bargaining Council and Others (139997/24) [2024] ZALCJHB 545 (10 December 2024)

Court

Labour Court Johannesburg

Case number

139997/24

Judge

Baloyi

The Labour Court dismissed an urgent bid to interdict arbitration pending review, finding no irreparable harm and no adequate basis for interim relief.

• Condonation For Late Referral
• Interim Interdict
• Jurisdiction Of Bargaining Council
• Review Of Arbitration Award
• Interim-interdict
• Urgent-application

Sibanye Stillwater ta Sibanye Gold Ltd v CCMA and Others (JR2771/21)

Sibanye Stillwater ta Sibanye Gold Ltd v CCMA and Others (JR2771/21) [2024] ZALCJHB 369 (27 September 2024)

Court

Labour Court Johannesburg

Case number

JR2771/21

Judge

Molotsi

The Labour Court set aside a CCMA award after finding the referral was late without condonation, and held the dismissal of the employee substantively fair.

• Unfair Dismissal
• Jurisdiction Of Ccma
• Condonation For Late Referral
• Gross Irregularity
• Law Of Evidence
• Unfair-dismissal

AMCU obo Mavundla v Bevan NO and Others (JR1384/21)

AMCU obo Mavundla v Bevan NO and Others (JR1384/21) [2024] ZALCJHB 238 (24 June 2024)

Court

Labour Court Johannesburg

Case number

JR1384/21

Judge

RN Daniels

The court found that the commissioner was correct in dismissing the condonation application. The dispute arose on 10 June 2019 when the applicant's acting appointment ended, and the referral was 388 days late. The applicant's explanation for the delay was weak and did not cover the entire period. The acting policy did not entitle the applicant to permanent appointment, and there was no evidence of a vacant and funded position. The prospects of success were slim to non-existent. The commissioner was functus officio regarding her earlier ruling on the date of the dispute, and the applicant did…

Source excerpt

• Condonation For Late Referral
• Unfair Labour Practice
• Acting Appointment Policy
• Continuous Unfair Labour Practice

Num obo Gogomo v Greymo Construction CC (C192/2020)

Num obo Gogomo v Greymo Construction CC (C192/2020) [2023] ZALCCT 13 (11 April 2023)

Court

Labour Court Cape Town

Case number

C192/2020

Judge

Rabkin-Naicker

The Labour Court dismissed an application for condonation after finding no adequate explanation for a lengthy filing delay and no basis to overlook the default.

• Condonation For Late Referral
• Jurisdiction Of Bargaining Council
• Unprotected Work Stoppage
• Prejudice
• Delay In Filing
• Labour Court Rules

Ditsoane v Acwa Power Africa Holdings (PTY) (JS 259/2017)

Ditsoane v Acwa Power Africa Holdings (PTY) (JS 259/2017) [2022] ZALCJHB 299 (24 October 2022)

Court

Labour Court Johannesburg

Case number

JS 259/2017

Judge

Van Niekerk

The Labour Court dismissed an application to set aside a notice of withdrawal, finding the delay in reviving the dispute was inordinate and prejudicial.

• Unfair Retrenchment
• Condonation For Late Referral
• Withdrawal Of Claim
• Exception Procedure
• Withdrawal-of-claim
• Condonation-for-late-referral

NTM and Others v Specialised Security Services (J329/2017)

NTM and Others v Specialised Security Services (J329/2017) [2022] ZALCJHB 96 (11 May 2022)

Court

Labour Court Johannesburg

Case number

J329/2017

Judge

Van Niekerk

The Labour Court held that the dismissal dispute was referred to the CCMA late and without condonation, so the CCMA and court lacked jurisdiction.

• Unfair Dismissal
• Jurisdiction Of Ccma
• Condonation For Late Referral
• Strike Action
• Automatic Unfair Dismissal
• Unfair-dismissal

Sequiera v SSH Design (Pty) Ltd (C519/2019)

Sequiera v SSH Design (Pty) Ltd (C519/2019) [2021] ZALCCT 74 (12 October 2021)

Court

Labour Court Cape Town

Case number

C519/2019

Judge

Rabkin-Naicker

The court found that the applicant failed to provide a reasonable and acceptable explanation for the excessive delay in referring her unfair dismissal dispute. The explanation offered was largely to blame her attorney, but the applicant herself was aware of the lateness and did not take sufficient steps to remedy it. The periods of delay were not adequately explained, and the court held that, in such circumstances, it is not necessary to consider the prospects of success in the main action. The application for condonation was therefore dismissed.

Source excerpt

• Condonation For Late Referral
• Unfair Dismissal
• Section 189a Retrenchment
• Jurisdiction Of Labour Court

Keswa and Another v Subscan (Pty) Ltd (JS272/20)

Keswa and Another v Subscan (Pty) Ltd (JS272/20) [2021] ZALCJHB 230 (12 August 2021)

Court

Labour Court Johannesburg

Case number

JS272/20

Judge

Mosebo

The Labour Court dismissed a condonation application for late referral because the underlying unfair dismissal dispute had already been settled by agreement.

• Condonation For Late Referral
• Settlement Agreement Enforcement
• Unfair Dismissal
• Interpretation Of Settlement Agreement
• Condonation-for-late-referral
• Settlement-agreement-enforcement