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Hulme v KLM Consulting Services (Pty) Ltd (JR1256/05) [2013] ZALCJHB 23; [2013] 9 BLLR 920 (LC) (26 February 2013)
The Labour Court dismissed an application to dismiss a delayed review, finding both parties contributed to the delay and the matter should proceed unopposed.
Renier Reyneke Vervoer CC t/a Premium Trucking v Commission for Conciliation, Mediation and Arbitration and Others (JR697/08) [2011] ZALCJHB 104; [2012] 5 BLLR 523 (LC); (2012) 33 ILJ 1262 (LC) (2 December 2011)
The Labour Court found that the arbitrator exceeded his jurisdiction by determining the fairness of a dismissal when the only issue before him was whether the employee had resigned or was dismissed on 16 January 2004. The arbitrator committed material errors of law by finding that the applicant dismissed the employee by accepting her resignation, which is not legally possible. The CCMA, as a creature of statute, cannot decide its own jurisdiction, and the Labour Court must determine whether a dismissal occurred. On the evidence, the arbitrator's award was unreasonable and flawed. The award wa…
Source excerpt
Dieckmann v CCMA (JR476/2001) [2001] ZALCJHB 7 (26 October 2001)
The Labour Court held that the applicant had resigned, not been dismissed, and dismissed the review of the CCMA award.
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