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South Africa decisions
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Department of Military Veterans v Public Service Association and Others (JR630/2023) [2025] ZALCJHB 333 (30 July 2025)
The Labour Court granted condonation for a late review application, finding the delay inordinate but the prospects of success and interests of justice sufficient.
Supercare Services Group (Pty) Ltd v Nxumalo and Others (D13/2021) [2025] ZALCD 10 (27 March 2025)
The Labour Court dismissed Supercare’s application to revive its review, finding the delay in filing the record excessive, largely unexplained, and not in the interests of justice.
Professional Mobile Mapping (Pty) Ltd v Matjhabeng Local Municipality (4250/2024) [2025] ZAFSHC 33 (7 February 2025)
The High Court dismissed a jurisdictional special plea but upheld a plea based on a pending review of an arbitration award, with no costs order.
Strydom v Pauline Binfa and Associates CC t/a PBA Brokers (JR92/21) [2024] ZALCJHB 409 (10 October 2024)
The Labour Court rescinded a 2021 review order because it wrongly recorded agreement between the parties and omitted unresolved issues from the award.
Larneys Metal Trading (Pty) Ltd v Diphoko and Others (JR583/23) [2024] ZALCJHB 220 (22 May 2024)
The court found that the applicant was properly notified of the CCMA hearing via SMS and failed to provide a reasonable explanation for its absence. The applicant did not request additional time to attend or arrange witnesses, nor did it set out substantive grounds for defending the unfair dismissal claim. The explanation that an email notice was required was mistaken and unreasonable. The commissioner acted within his powers under section 138(5) of the LRA in proceeding in default and refusing rescission. The applicant failed to demonstrate prospects of success, as its submissions addressed…
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H & W Distributors v CCMA and Others (13 July 2023) (C95/2022) [2023] ZALCCT 45 (13 July 2023)
The court found that although not all respondent employees signed the initial referral to the CCMA, their subsequent attendance and participation at both conciliation and arbitration constituted ratification of the referral, in line with the principles established in Adams and ABC Telesales. The CCMA therefore had jurisdiction to adjudicate the dispute. Regarding the alleged gross irregularity, the court held that the applicant was properly notified of the arbitration date via SMS, as permitted by CCMA Rule 5A, and was further contacted telephonically on the day of the hearing. The arbitrator…
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Inxuba Yethemba Municipality v South African Local Government Bargaining Council and Others (PR41/2020) [2022] ZALCPE 1 (31 January 2022)
The court held that the Municipality's review application was incompetent as it failed to first seek rescission of the default arbitration award, in line with established labour law principles. The Municipality's explanation for its delays in filing the record and bringing the reinstatement application was inadequate, with much of the delay attributable to neglect by its legal representatives rather than unavoidable circumstances. The medical certificate presented at the arbitration was not properly placed before the arbitrator or the court, and its mere production did not justify a postponem…
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Mjayeli Security (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (D1318/17) [2020] ZALCD 13 (3 September 2020)
The Labour Court dismissed a review of a CCMA rescission ruling because the applicant failed to file the record, written submissions, or explain its default.
SABC v CCMA and Others (JR 232/17) [2018] ZALCJHB 373; (2019) 40 ILJ 603 (LC) (9 November 2018)
The court found that the arbitrator's refusal to postpone the arbitration was irrational and unreasonable given the unique and unforeseen circumstances affecting the SABC's attorney. The junior attorney was not prepared to proceed, and the SABC was deprived of the opportunity to present its case. The arbitrator's interpretation of 'absence' in the context of rescission was overly formalistic; meaningful participation is required, and mere physical presence does not suffice. The proceedings effectively took place in the absence of the SABC, justifying rescission of the award. Both the refusal…
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VEA Road Maintenance and Civils (Pty) Ltd v Dekker NO and Others (JR1252/16) [2018] ZALCJHB 282 (4 September 2018)
The Court found that the applicant's rescission application was not grounded in section 144(a) of the LRA, as there was no allegation that the default award was erroneously sought or granted. The facts indicated that the applicant's counsel attended but withdrew due to unavailability of witnesses, and no formal application for postponement was made. The Commissioner correctly applied section 144(d), requiring good cause for default, and found the applicant's explanation unsatisfactory. The applicant failed to establish prospects of success on the merits, offering only a bare assertion of mutu…
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