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South Africa Case Law

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Labour Law [2018] ZALCJHB 68

Senator International Logistics (Pty) Ltd v Raphela NO and Others (JR1146/15)

Senator International Logistics (Pty) Ltd v Raphela NO and Others (JR1146/15) [2018] ZALCJHB 68 (22 February 2018)

The commissioner failed to apply the correct test for rescission under section 144 of the LRA, as interpreted by the Labour Appeal Court. He did not properly consider whether the applicant had a bona fide defence or reasonable prospects of success, focusing only on the explanation for default. Although the applicant's explanation for non-attendance was unreasonable, the court found that the applicant had reasonable prospects of success in the arbitration. In the interests of fairness, the rescission ruling was set aside and substituted with an order rescinding the default award and directing…

  • Rescission Of Arbitration Award
  • Good Cause Test
  • Unfair Dismissal
  • Condonation
  • Default Judgment
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Labour Law [2014] ZALCD 52

Pack N Stack (Pty) Ltd v Khawula NO and Others (D573/11)

Pack N Stack (Pty) Ltd v Khawula NO and Others (D573/11) [2014] ZALCD 52 (7 October 2014)

The applicant failed to provide a reasonable and bona fide explanation for its default in the arbitration proceedings. The explanations offered were lacking in detail and omitted material facts necessary to justify the absence. The applicant was aware of the hearing date, did not challenge the correctness of the ruling on representation, and made no application for postponement. The presence of a labour consultant and the preparation of documentation indicated awareness of the procedural requirements, undermining the argument of ignorance. The first respondent properly considered the material…

  • Rescission Of Award
  • Representation At Ccma
  • Good Cause Test
  • Default Judgment
  • Arbitration Procedure
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.