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South Africa decisions
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Esau v Sujean Property Investments (Pty) Ltd and Another (C61/2022) [2024] ZALCCT 39 (11 September 2024)
The Labour Court upheld a Rule 30 objection and set aside an affidavit that improperly attempted joinder, consolidation, and relief against non-parties.
BMW Financial Services (SA) (PTY) Ltd v National Credit Regulator (NCT/93829/2017/56(1)) [2018] ZANCT 98 (5 June 2018)
The Tribunal refused to consolidate BMWFS and VWFS review proceedings against NCR compliance notices, finding that separate hearings were more convenient and less prejudicial.
Malapane v National Bargaining Council for the Road Freight Industry and Others (JR1973/10; JR293/07; JR919/00) [2014] ZALCJHB 416 (27 October 2014)
The Labour Court refused leave to appeal in review and consolidation proceedings, finding no reasonable prospect of success and no basis to disturb its prior discretion.
Malapane v National Bargaining Council for the Road Freight Industry and Others (JR1973/10; JR293/07; JR919/00) [2014] ZALCJHB 274 (24 July 2014)
Review of an unfair-dismissal award partly succeeds: sanction is remitted for rehearing, but attempts to revive and consolidate older matters fail.
BMW South Africa (Pty) Ltd v National Consumer Commission and Another (NCT/2679/2011/101(1)(P), NCT/2807/2011/101(1)(P), NCT/2806/2011/101(1)(P)) [2012] ZANCT 13 (5 July 2012)
The Tribunal held it had jurisdiction to hear a consolidation application, consolidated the two Bonn matters, and left the Rogers matter to proceed separately.
Radebe and Others v Coronet Equities (Pty) Ltd (J774/00, J769/00) [2001] ZALC 60; (2001) 22 ILJ 1677 (LC) (25 April 2001)
The court found that the applicants provided an acceptable explanation for their delay, primarily based on the respondent's impending liquidation and lack of funds for litigation. The degree of lateness, while substantial, was not excessive in the circumstances. The prospects of success were considered good, as the dismissals occurred without prior consultation as required by section 189 of the Labour Relations Act. The court was influenced by the Supreme Court of Appeal's approach in Moodley v Umzinto North Town Board, which prioritizes prospects of success over the degree of non-compliance.…
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