Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Selatile v National Home Builders Registration Council and Others (JR1437/24) [2025] ZALCJHB 309 (8 July 2025)
The Labour Court struck a review from the roll because the applicant failed to file the arbitration record within time and did not seek an extension.
Hans v Passenger Rail Agency Of South Africa Soc Ltd t/a Metrorail (C513/2019) [2023] ZALCCT 72 (5 December 2023)
The Labour Court struck a condonation application off the roll after finding the review was deemed withdrawn for late filing of the record.
Digital Experience (Pty) Ltd v Veira and Others (JR 2167/19) [2023] ZALCJHB 335 (1 November 2023)
The applicant failed to provide a full and reasonable explanation for the inordinate delay in filing the record and prosecuting the review application. The explanation offered was speculative, based on assumptions, and did not cover the entire period of delay. The applicant, as dominus litis, did not take the court into its confidence regarding the steps taken to progress the matter. In the absence of a reasonable and acceptable explanation, prospects of success and prejudice are immaterial. The interests of justice do not favour the reinstatement of the review application or the granting of…
Source excerpt
Macaskill v State Information Technology Agency (Pty) Ltd (SITA) and Others (JR 267/20) [2021] ZALCJHB 220 (11 August 2021)
The Labour Court held that it lacks jurisdiction to dismiss a review application that is deemed withdrawn under clause 11.2.3 of the Practice Manual unless an order reinstating the review is granted. The legal position regarding deemed withdrawal is clear and unambiguous, and declaratory relief is not appropriate where the Practice Manual lucidly sets out the consequences of non-compliance. The Court further exercised its discretion to refuse making the arbitration award an order of court under section 158(1)(c) of the LRA, finding that SITA had reasonable prospects of success on review and t…
Source excerpt
Randburg Towers v Masilo; In re Masilo v CCMA and Others (JR 1758/2016) [2021] ZALCJHB 10 (19 February 2021)
The respondent failed to comply with the time limits for filing the record of proceedings as required by rule 7A(6) and clause 11.2.2 of the Practice Manual. No extension was sought, and no directive was requested. Clause 11.2.3 provides that failure to file the record within the prescribed period results in the application being deemed withdrawn. The Labour Appeal Court's decision in Macsteel Trading Wadeville does not entitle an applicant to file a Rule 11 application where the review application is already deemed withdrawn. In this case, there is no longer a review application before the c…
Source excerpt
Mjoli and Others v Peter Papers (Pty) Ltd and Others (JR 1797/17) [2020] ZALCJHB 272 (25 September 2020)
The Labour Court lacks jurisdiction to dismiss a review application that is deemed withdrawn under the Practice Manual. Once a review is deemed withdrawn, it is no longer before the Court and cannot be dismissed via a Rule 11 application. The only way to revive such a review is through a substantive application for reinstatement, where good cause must be shown. The Court followed the reasoning in Savuka Mine and distinguished MacSteel, holding that Rule 11 is not applicable to reviews that have ceased to exist. Accordingly, both the Rule 11 application and the review application were struck o…
Source excerpt
NUMSA obo Dlamini v Commission for Conciliation, Mediation and Arbitration and Others (JR453/15) [2018] ZALCJHB 27 (6 February 2018)
The Labour Court granted a Rule 11 application that dismissed NUMSA’s review for extreme delay and failure to prosecute under the Practice Manual.
Explore more
