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South Africa Case Law

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Labour Law [2024] ZALCJHB 490

Harmse NO and Another v Mphahlele (J1326/22)

Harmse NO and Another v Mphahlele (J1326/22) [2024] ZALCJHB 490; (2025) 46 ILJ 612 (LC) (2 December 2024)

Labour Court confirmed a contempt finding against a union representative and suspended his right to represent parties in the CCMA and bargaining councils for four months.

  • Contempt Of Commission
  • Right Of Appearance Suspension
  • Commissioner Authority
  • Misconduct In Arbitration
  • Labour Relations Act Section 142
  • Labour-relations-act-section-142
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Labour Law [2007] ZALC 209

Andrag Machinery (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others (C246/2005)

Andrag Machinery (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others (C246/2005) [2007] ZALC 209; (2008) 29 ILJ 2742 (LC) (19 November 2007)

Review of CCMA-style arbitration award dismissed; the Labour Court held the commissioner’s exclusion of a disruptive representative exceeded her powers, but caused no prejudice.

  • Unfair Dismissal
  • Insubordination
  • Arbitration Procedure
  • Commissioner Powers
  • Contempt Of Commission
  • Procedural Fairness
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Labour Law [2007] ZALCCT 17

Bargaining Council for the Clothing Manufacturing Industry and Another v Prinsloo (C705/2006)

Bargaining Council for the Clothing Manufacturing Industry and Another v Prinsloo (C705/2006) [2007] ZALCCT 17 (27 March 2007)

The Labour Court found that Mr Prinsloo's conduct during the arbitration proceedings, including insulting and belittling the Commissioner, improperly anticipating the award, and making baseless accusations of bias and disrespect, constituted contempt of the Commission under Section 142(8)(g), (h), and (i) of the Labour Relations Act. The Court confirmed that Commissioners are empowered to make findings of contempt, but only the Labour Court may confirm and sanction such findings. The Court rejected the respondent's arguments that his conduct was merely a result of frustration or misunderstand…

  • Contempt Of Commission
  • Commissioner Powers
  • Representation Rights
  • Arbitration Proceedings
  • Labour Relations Act
  • Sanctions For Contempt
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Labour Law [2007] ZALC 199

Bargaining Council for the Clothing Manufacturing Industry and Another v Prinsloo (C 705/2006)

Bargaining Council for the Clothing Manufacturing Industry and Another v Prinsloo (C 705/2006) [2007] ZALC 199; [2007] 9 BLLR 825 (LC); (2007) 28 ILJ 1754 (LC) (27 March 2007)

The Labour Court found that Mr Prinsloo's conduct during the arbitration proceedings, including disparaging and belittling remarks towards the Commissioner, improper anticipation of the award, and disrespectful interruptions, constituted contempt under Section 142(8)(g), (h), and (i) of the Labour Relations Act. The Court confirmed that Commissioners are empowered to make findings of contempt but not to impose punishment, which is reserved for the Labour Court. The Court rejected the respondent's arguments regarding bias and misunderstanding, finding no valid grounds for mitigation except for…

  • Contempt Of Commission
  • Commissioner Powers
  • Representation Rights
  • Arbitration Proceedings
  • Labour Relations Act
  • Natural Justice
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Labour Law [1999] ZALC 43

Steve Spar Blackheath v Mothuloe and Others (2372/98)

Steve Spar Blackheath v Mothuloe and Others (2372/98) [1999] ZALC 43 (19 March 1999)

Labour Court review of a CCMA award: dismissal, compensation calculation, and contempt issues were considered, with the award partly corrected and the review dismissed.

  • Unfair Dismissal
  • Compensation Calculation
  • Racial Discrimination
  • Review Of Arbitration Award
  • Contempt Of Commission
  • Unfair-dismissal
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.