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South Africa decisions
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Nadasen v Laragh Courseware (Pty) Ltd (C14/25) [2025] ZALCCT 57 (22 July 2025)
The Labour Court granted condonation for the late filing of an unfair dismissal referral and heads of argument, finding the delay short and the explanation reasonable.
Khali v Uphongolo Local Municipality and Others (2025/058478) [2025] ZALCD 20 (10 June 2025)
The court found that the respondents' attorneys were duly authorised to represent the municipality, as the council had ratified the Acting Municipal Manager's actions ex post facto, which is permissible in law. The transcript of the council meeting was rejected as inadmissible due to lack of authenticity and reliability, as the applicant failed to establish its provenance and accuracy, particularly regarding translation from isiZulu to English. The court held that the municipality's Standing Rules and Orders do not require every decision to be taken by vote unless there is disagreement. There…
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Overnight Logistics (Pty) Ltd v National Bargaining Council For Road Freight and Logistics Industry and Others (JR12/16) [2024] ZALCJHB 375 (23 September 2024)
The Labour Court dismissed an application to revive a lapsed review, finding the applicant failed to explain long delays or serve the record on the respondent.
South African Airways (SOC) Ltd v South African Cabin Crew Association obo Members and Others (J 604/23) [2024] ZALCJHB 148 (27 March 2024)
The Labour Court granted unions leave to appeal in a review matter involving CCMA jurisdiction, section 158(1B), and costs, but made no order as to costs.
Sebloane v Commission For Conciliation, Mediation And Arbitration (CCMA) and Others (JR 300/2022) [2022] ZALCJHB 154 (5 October 2022)
The Labour Court dismissed an application for leave to appeal, finding no reasonable prospect of success and ordering the applicant to pay costs.
Nair v Telkom SOC Ltd and Others (JR59/2020) [2021] ZALCJHB 449 (7 December 2021)
Labour Court dismissed an application for condonation for a late review of a CCMA award, finding the delay inadequately explained and the court without jurisdiction.
Abrahams v EOH Mthombo (Pty) Ltd (J23/21) [2021] ZALCJHB 313 (22 September 2021)
The court found that the 14-day delay in delivering the Statement of Claim was not excessive in relation to the statutory 90-day period. The applicant provided a sufficiently detailed and reasonable explanation for the delay, including financial hardship, illness, and administrative obstacles. The explanation was not contrived and covered the relevant period. The applicant demonstrated at least some prospects of success in his substantive unfair dismissal claim, and the prejudice to the respondent was minimal compared to the prejudice the applicant would suffer if condonation was refused. The…
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Rustenburg Local Municipality v South African Local Government Bargaining Council and Others (JR750/18) [2021] ZALCJHB 265 (25 August 2021)
The Labour Court struck a review application off the roll after finding it was served and filed late and no condonation application was before the court.
Smith and Associates v Libertinova-Lines and Others (C405/2019) [2021] ZALCCT 34 (15 March 2021)
The Court found that the Commissioner correctly applied the test for constructive dismissal. The evidence established that the applicant's conduct, including failure to pay commission, undermining the first respondent's authority, and favouring the secretary, created intolerable working conditions. The first respondent's resignation was not voluntary but a last resort due to the cumulative impact of the applicant's actions. The Court rejected the applicant's argument that the intolerable situation was solely between the first respondent and Shawe, finding that Smith's conduct was culpable and…
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South African National Accreditation Systems (SANAS) v National Educational, Health and Allied Workers Union (NEHAWU) and Others (J1369/2018) [2021] ZALCJHB 5 (17 February 2021)
The Labour Court dismissed an application about pay deductions after strike action, holding the dispute concerned interpretation of a collective agreement and had to go to arbitration.
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