South Africa Case Law

Tau Phalane Incorporated Attorneys v Commission for Conciliation, Mediation and Arbitration and Others (JR700/23)

Tau Phalane Incorporated Attorneys v Commission for Conciliation, Mediation and Arbitration and Others (JR700/23) [2025] ZALCJHB 169 (10 April 2025)

Court

Labour Court Johannesburg

Case number

JR700/23

Judge

P.H. Kirstein

The Court found that the third respondent's remuneration during the relevant period exceeded the statutory threshold prescribed under section 6(3) of the BCEA. As a result, the CCMA lacked jurisdiction to entertain her claim for outstanding remuneration under section 73A. The second respondent's arbitration award was therefore issued without jurisdiction and must be reviewed and set aside. The Court further determined that the applicant had materially complied with service requirements and that no prejudice was suffered by the third respondent. Given the jurisdictional defect, the other revie…

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• Jurisdiction Of Ccma
• Earnings Threshold Bcea
• Review Of Arbitration Award
• Section 73a Bcea
• Service Of Process
• Costs In Labour Court

Element Six (Production) (Pty) Ltd v Solidarity and Others (JS568/22)

Element Six (Production) (Pty) Ltd v Solidarity and Others (JS568/22) [2025] ZALCJHB 109; (2025) 46 ILJ 1426 (LC) (19 March 2025)

Court

Labour Court Johannesburg

Case number

JS568/22

Judge

Ramji

The Labour Court upheld an exception to a pleading over post-retirement medical aid benefits, struck out the amended claim, but allowed amendment and made no costs order.

• Section 197 Transfer
• Joinder Of Parties
• Exception Procedure
• Leave To Amend
• Costs In Labour Court
• Section-197-transfer

Minister of Justice and Constitutional Development v General Public Service Sectoral Bargaining Council and Others (JR1897/20)

Minister of Justice and Constitutional Development v General Public Service Sectoral Bargaining Council and Others (JR1897/20) [2025] ZALCJHB 47; (2025) 46 ILJ 1207 (LC) (11 February 2025)

Court

Labour Court Johannesburg

Case number

JR1897/20

Judge

L de Haan

The court found that the archiving order was granted in the absence of proper service on the Minister and that the arbitrator, Ramabulana, lacked locus standi to bring the application. The rescission application was therefore granted. The court further held that, although the Minister's founding affidavit did not address all condonation requirements under clear headings, the explanation for delay was reasonable and the prospects of success in the review application were excellent, particularly regarding the jurisdictional challenge and the irregularities in the arbitration award. The interest…

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• Condonation
• Archiving Of Review Applications
• Jurisdiction Of Bargaining Council
• Unfair Dismissal
• Prospects Of Success
• Costs In Labour Court

Goodyear South Africa (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (Leave to Appeal) (PR142/22)

Goodyear South Africa (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (Leave to Appeal) (PR142/22) [2025] ZALCPE 1; [2025] 5 BLLR 523 (LC) (22 January 2025)

Court

Labour Court Port Elizabeth

Case number

PR142/22

Judge

M Makhura

The Labour Court dismissed Goodyear’s leave to appeal after finding no reasonable prospects of success and no compelling reason for appeal. No costs order was made.

• Leave To Appeal
• Review Of Arbitration Award
• Reasonable Prospect Of Success
• Costs In Labour Court
• Leave-to-appeal
• Labour-court

Commission for Gender Equality v Mrwebo and Others (JR1424/20)

Commission for Gender Equality v Mrwebo and Others (JR1424/20) [2024] ZALCJHB 459 (19 November 2024)

Court

Labour Court Johannesburg

Case number

JR1424/20

Judge

L Dave

The Labour Court held that the Commission could not withdraw a 17% provident fund contribution from a level 12 employee where its case concerned only level 11 employees.

• Breach Of Employment Contract
• Condonation
• Provident Fund Contributions
• Unilateral Variation Of Contract
• Costs In Labour Court
• Breach-of-employment-contract

Madikizela v CCMA and Others (D382/22)

Madikizela v CCMA and Others (D382/22) [2024] ZALCD 42 (7 November 2024)

Court

Labour Court Durban

Case number

D382/22

Judge

T Kadungure

The court found that the applicant's delay in filing the record was adequately explained and largely attributable to factors outside her control, including the first respondent's failure to provide a complete record and delays by her legal insurer. The Practice Manual is binding, but the court retains discretion to reinstate withdrawn review applications where good cause is shown. The applicant demonstrated a clear intention to pursue the review and took reasonable steps to remedy the delay. The interests of justice and fairness warranted reinstatement of the review application. Regarding cos…

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• Practice Manual Compliance
• Review Application Reinstatement
• Condonation
• Unfair Dismissal
• Costs In Labour Court

IPP Mining and Materials Handling (Pty) Ltd v The Commission for Conciliation, Mediation and Arbitration and Others (JR 1209/2020)

IPP Mining and Materials Handling (Pty) Ltd v The Commission for Conciliation, Mediation and Arbitration and Others (JR 1209/2020) [2024] ZALCJHB 294 (2 August 2024)

Court

Labour Court Johannesburg

Case number

JR 1209/2020

Judge

Prinsloo

The Labour Court dismissed a review of a CCMA award, holding the applicant’s founding affidavit was vague, unsupported and failed to show unreasonableness.

• Unfair Dismissal
• Review Of Arbitration Award
• Reasonableness Test
• Costs In Labour Court
• Labour-law
• Unfair-dismissal

Fraser-MacDonald v Curro Holdings t/a Curro Mount Richmore (D295/20)

Fraser-MacDonald v Curro Holdings t/a Curro Mount Richmore (D295/20) [2024] ZALCD 15 (14 June 2024)

Court

Labour Court Durban

Case number

D295/20

Judge

M Makhura

The applicant failed to provide a full and reasonable explanation for the delay in referring her claim, particularly for the period after the national lockdown when the Labour Court was operational. Her prospects of success in the main claim were poor, as she conceded the existence of a retirement age and failed to establish that her dismissal was automatically unfair or based on age discrimination. The inconsistency argument regarding other employees was insufficient, as those employees were engaged on new fixed-term contracts after retirement, not as extensions of the retirement age. The ap…

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• Automatically Unfair Dismissal
• Condonation
• Retirement Age
• Discrimination On Age
• Prospects Of Success
• Costs In Labour Court

Mayisela v Commission for Conciliation Mediation and Arbitration and Others (JR 791/2021)

Mayisela v Commission for Conciliation Mediation and Arbitration and Others (JR 791/2021) [2024] ZALCJHB 153 (27 March 2024)

Court

Labour Court Johannesburg

Case number

JR 791/2021

Judge

Prinsloo

Labour Court review of an unfair dismissal arbitration award dismissed the employee's challenge, finding the award reasonable and supported by the evidence.

• Unfair Dismissal
• Review Of Arbitration Award
• Misconduct
• Mine Health And Safety Act
• Costs In Labour Court
• Unfair-dismissal

Department of Public Works and Roads, North-West v National Union of Public Service and Allied Workers Union (J1577/23)

Department of Public Works and Roads, North-West v National Union of Public Service and Allied Workers Union (J1577/23) [2024] ZALCJHB 99; [2024] 5 BLLR 492 (LC); (2024) 45 ILJ 1003 (LC) (12 February 2024)

Court

Labour Court Johannesburg

Case number

J1577/23

Judge

R Daniels

The Labour Court discharged an interim interdict against a union after finding no ongoing or future harm to justify final relief, and made no costs order.

• Interdict
• Strike Definition
• Jurisdiction Of Labour Court
• Costs In Labour Court
• Protected Strike
• Requirements For Final Interdict