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Mbeka v Minister of Justice and Correctional Services and Another (JS105/2019) [2021] ZALCJHB 357 (14 October 2021)
The Labour Court dismissed an application for condonation for an eight-month late referral of a dismissal dispute, finding the delay inadequately explained.
Hughes v Lazarus And Co (JS115/2013) [2015] ZALCJHB 270 (17 August 2015)
The Labour Court condoned a 53-day late referral after finding the applicant had given a reasonable explanation for the delay and no costs order was made.
Herholdt v Nedbank Ltd (701/2012) [2013] ZASCA 97; 2013 (6) SA 224 (SCA); [2013] 11 BLLR 1074 (SCA); (2013) 34 ILJ 2795 (SCA) (5 September 2013)
The Supreme Court of Appeal held that the Labour Court and Labour Appeal Court correctly set aside the CCMA arbitrator's award. The arbitrator had not misconceived the nature of the enquiry, but her conclusion that the appellant was not dishonest was not one that a reasonable decision-maker could reach on the evidence. The court reaffirmed that the grounds for review under section 145(2)(a) of the Labour Relations Act are narrow and must be interpreted in light of the constitutional standard of reasonableness as set out in Sidumo. Material errors of fact or law are only relevant if they rende…
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Khan v Local Trans and Another (C690/2009) [2010] ZAWCHC 659 (20 April 2010)
The High Court reviewed and set aside a CCMA condonation ruling, finding the commissioner failed to assess whether a service agreement was a sham disguising continued employment.
Khan v Local Trans and Another (C690/2009) [2010] ZALC 327 (20 April 2010)
The High Court reviewed and set aside a CCMA condonation ruling, finding the commissioner failed to properly assess whether a service contract disguised continued employment.
Bovula v Safety And Security Bargaining Council and Others (JR949/06) [2008] ZALCJHB 31 (29 April 2008)
The Labour Court dismissed a review of a condonation refusal, holding the delay in referring the dismissal dispute was excessive and inadequately explained.
Morerwa v Commission for Conciliation Mediation and Arbitration and Others (JR1160/02) [2003] ZALCJHB 5 (7 February 2003)
The Labour Court dismissed a review of the CCMA commissioner’s refusal to condone a late dismissal referral, finding conflicting explanations and no basis to interfere.
Ncube v CCMA (JR761/02) [2002] ZALCJHB 18 (20 November 2002)
The Labour Court reviewed and set aside a CCMA condonation refusal after finding the commissioner failed to consider the CCMA’s contribution to the late referral.
Kachelhoffer v Agricultural Rural Development Corporation (JS234/02) [2002] ZALC 177 (18 October 2002)
The Labour Court granted condonation for a 12-day late referral of a dismissal dispute, finding the delay adequately explained and the prospects of success reasonable.
Sekgopo v Moyo and Others (JR789/01) [2002] ZALCJHB 16 (5 March 2002)
The Labour Court set aside a CCMA jurisdictional award, finding it was not rationally connected to the facts, and sent the dispute back for fresh arbitration.
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