South Africa Case Law

Stevens v Commission for Conciliation Mediation and Arbitration and Others (JR 772/22)

Stevens v Commission for Conciliation Mediation and Arbitration and Others (JR 772/22) [2025] ZALCJHB 208 (28 May 2025)

Court

Labour Court Johannesburg

Case number

JR 772/22

Judge

Asmall

The court found that the applicant failed to provide a compelling, comprehensive, and convincing explanation for the delay in filing the review application. The applicant's reliance on intermediaries and alleged confusion regarding procedures did not constitute good cause, and the medical procedure cited was not a valid justification. The applicant did not take accountability for his lack of action, and the explanation did not cover every period of the delay. The authorities are clear that, in the absence of a satisfactory explanation, prospects of success are immaterial. The court further fo…

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• Condonation
• Unfair Dismissal
• Review Under Section 158 1 G
• Late Filing
• Prospects Of Success
• Costs In Labour Matters

Alexkor Soc Limited and Another v Carstens (JA7/24)

Alexkor Soc Limited and Another v Carstens (JA7/24) [2025] ZALAC 28; (2025) 46 ILJ 1874 (LAC) (15 May 2025)

Court

Labour Appeal Court

Case number

JA7/24

Judges

Molahlehi JP, Savage ADJP, Van Niekerk JA

The Labour Appeal Court held that the Labour Court does not have jurisdiction to declare pre-arbitration minutes concluded under CCMA Rule 20 invalid, as such matters are internal to the CCMA and should be addressed within its processes. The Court affirmed that administrative decisions, including pre-arbitration minutes, remain valid and binding until set aside by a competent court on review. The appellants failed to pursue a review of the commissioner's ruling and instead sought a declaratory order, which the Labour Court correctly refused. The Court further found that the delays in filing b…

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• Ccma Rules
• Pre Arbitration Minutes
• Jurisdiction Of Labour Court
• Declaratory Orders
• Condonation
• Costs In Labour Matters

Manana v King Sabata Dalindyebo Local Municipality (PA01/2024)

Manana v King Sabata Dalindyebo Local Municipality (PA01/2024) [2025] ZALAC 27; (2025) 46 ILJ 1899 (LAC) (7 May 2025)

Court

Labour Appeal Court

Case number

PA 01/2024

Judges

Van Niekerk, Nkutha-Nkontwana, Mooki

The appeal was dismissed because the principle of ostensible authority cannot override statutory requirements for delegation of authority in organs of state. Section 59 of the Municipal Systems Act requires written delegation and council approval for sub-delegation of authority to settle disputes. Mr Nodo lacked such authority, and his unilateral actions could not bind the Municipality. The invocation of ostensible authority or estoppel is untenable where the legality principle is implicated, as courts cannot sanction illegality. The Labour Court correctly found that the Municipality was not…

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• Enforcement Of Settlement Agreement
• Ostensible Authority
• Delegation Of Powers
• Principle Of Legality
• Municipal Systems Act
• Costs In Labour Matters

Ngubo v South African Broadcasting Corporation and Others (Leave to Appeal) (JR2106/21)

Ngubo v South African Broadcasting Corporation and Others (Leave to Appeal) (JR2106/21) [2025] ZALCJHB 14 (20 January 2025)

Court

Labour Court Johannesburg

Case number

JR2106/21

Judge

M Meyerowitz

Leave to appeal was dismissed with costs after the court found no reasonable prospects of success and upheld the earlier findings on dishonesty and dismissal.

• Dishonesty In Employment
• Burden Of Proof
• Dismissal For Misconduct
• Costs In Labour Matters
• Labour-law
• Dismissal-for-misconduct

CEPPWAWU and Another v Zako and Another (PA04/23)

CEPPWAWU and Another v Zako and Another (PA04/23) [2024] ZALAC 43; [2024] 12 BLLR 1244 (LAC); (2025) 46 ILJ 305 (LAC) (26 September 2024)

Court

Labour Appeal Court

Case number

PA04/23

Judges

Van Niekerk, Nkutha-Nkontwana, Jolwana

The Labour Appeal Court held that the application before the Labour Court was really about union constitution compliance, not s 189A fair procedure.

• Union Administration
• Jurisdiction Of Labour Court
• Fair Procedure In Retrenchment
• Condonation
• Costs In Labour Matters
• Labour-law

Innovative Staffing Solutions (Pty) Ltd v Minister of Employment and Labour and Others (JR1518/23)

Innovative Staffing Solutions (Pty) Ltd v Minister of Employment and Labour and Others (JR1518/23) [2024] ZALCJHB 50 (12 February 2024)

Court

Labour Court Johannesburg

Case number

JR1518/23

Judge

Schäfer-King

The Labour Court granted consolidation of three related review applications about extension of a collective agreement, finding no lis pendens and no unfair prejudice.

• Consolidation Of Applications
• Collective Agreement Extension
• Certificate Of Representativity
• Mootness
• Costs In Labour Matters
• Labour-law

South African Airways (SOC) Limited v South African Cabin Crew Association obo Members and Others (JR 604/23)

South African Airways (SOC) Limited v South African Cabin Crew Association obo Members and Others (JR 604/23) [2024] ZALCJHB 19; (2024) 45 ILJ 887 (LC) (5 January 2024)

Court

Labour Court Johannesburg

Case number

JR 604/23

Judge

Norton

The Labour Court found that the unions' dispute was fundamentally rooted in the section 189A retrenchment process and not in an unfair labour practice as defined by section 186(2)(a) of the LRA. The unions' members either accepted new terms and conditions or participated in the training and layoff scheme, negating any cognisable unfair labour practice. The unions failed to prosecute their case diligently, causing repeated delays and failing to provide necessary documentation or sign the pre-arbitration minute. The commissioner committed a material error of law by finding he lacked the power t…

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• Unfair Labour Practice
• Ccma Jurisdiction
• Section 189a Retrenchment
• Delay And Dilatory Conduct
• Condonation
• Costs In Labour Matters

Radebe and Others v Aurum Institute (C662/2023)

Radebe and Others v Aurum Institute (C662/2023) [2023] ZALCCT 66; (2024) 45 ILJ 876 (LC) (22 December 2023)

Court

Labour Court Cape Town

Case number

C662/2023

Judge

Prinsloo

The Labour Court struck an urgent application off the roll, finding the applicants delayed too long and that any urgency was self-created.

• Urgency In Labour Court
• Self Created Urgency
• Section 197 Transfer
• Interdict Recruitment
• Costs In Labour Matters
• Labour-court-urgency

Murray v De Necker Dentistry Incorporated (C350/2021)

Murray v De Necker Dentistry Incorporated (C350/2021) [2023] ZALCCT 35; (2024) 45 ILJ 2038 (LC) (27 June 2023)

Court

Labour Court Cape Town

Case number

C350/2021

Judge

Liziwe Xoliswa Dzai

The Labour Court held that both parties share responsibility to convene a pre-trial conference, and that no condonation was required because no conference had been convened.

• Pre Trial Conference
• Condonation
• Labour Court Rules
• Costs In Labour Matters
• Pre-trial-conference
• Labour-court-rules

Majola v Popcru Group of Companies Workers Life (JR2651/12)

Majola v Popcru Group of Companies Workers Life (JR2651/12) [2023] ZALCJHB 164 (25 May 2023)

Court

Labour Court Johannesburg

Case number

JR2651/12

Judge

M Baloyi

The applicant's case was not properly pleaded in the founding affidavit and was inconsistent with the relief sought. The application was brought by way of motion proceedings despite a foreseeable and genuine dispute of facts regarding the respondent's alleged indebtedness. The applicant failed to seek referral to oral evidence, and the respondent provided a substantiated defence. Applying established principles, the court found that the dispute could not be resolved on the papers and that the applicant bore the risk of proceeding by motion. Consequently, the application was dismissed. No cost…

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• Motion Proceedings
• Dispute Of Facts
• Arbitration Award Enforcement
• Reinstatement
• Costs In Labour Matters