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South Africa decisions
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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.
Nkosi v Cachalia NO and Others (JR1992/2010) [2018] ZALCJHB 293 (25 September 2018)
The Labour Court dismissed a review because the applicant failed to file a transcribed record or typed and confirmed arbitration notes.
Netshivhungululu v General Public Service Bargaining Council and Others (JR1020/15) [2016] ZALCJHB 334 (26 August 2016)
Review of an unfair labour practice award dismissed because the applicant failed to file or reconstruct the arbitration record.
Passenger Rail Agency of south Africa v Commission for Conciliation, Mediation And Arbitration and Others (JR 868/13) [2015] ZALCJHB 314 (11 September 2015)
The application for review is dismissed because PRASA failed to file a complete record of the arbitration proceedings and did not provide an acceptable explanation for this failure. The absence of the record prevents the court from properly adjudicating the merits of the review. Even if the record had been filed, the grounds advanced by PRASA for review are based on misreadings of the arbitrator's award and do not establish any reviewable irregularity. The arbitrator did not find that no disciplinary hearing was held, but rather that no substantively good reason for dismissal was established…
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Boale v National Prosecuting Authority of South Africa and Others (JR1785/2001) [2003] ZALC 82; (2003) 24 ILJ 1666 (LC); [2003] 10 BLLR 988 (LC) (23 July 2003)
The applicant failed to comply with the mandatory requirement to file the full transcript of the disciplinary proceedings, despite having access to all audio cassettes since January 2002. No reasonable explanation was provided for this failure. The applicant's termination of his counsel's mandate was found to be a tactical maneuver to delay proceedings and obtain a postponement. The court held that the interests of justice, fairness, and the objectives of the Labour Relations Act require disputes to be resolved efficiently and without undue delay. The applicant's conduct was opportunistic and…
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