South Africa Case Law

South African State And Allied Workers' Union and Another v General Service Public Sector Bargaining Council and Others (JR1103/2009)

South African State And Allied Workers' Union and Another v General Service Public Sector Bargaining Council and Others (JR1103/2009) [2015] ZALCJHB 253 (7 August 2015)

Court

Labour Court Johannesburg

Case number

JR1103/2009

Judge

L M Malan

The court found that the dismissal application was not properly before it due to the absence of notice of set down from the Registrar. Regarding the review application, the applicants abandoned the grounds set out in their affidavits and attempted to rely on a new, unpleaded ground during oral argument. The court held that Rule 7A(2)(c) and section 145 of the LRA require applicants to set out the factual and legal grounds for review in their papers. The new ground was not pleaded, lacked particularity, and was unsupported by reference to the record or evidence. The court is not required to se…

Source excerpt

• Review Of Arbitration Award
• Grounds For Review
• Pleading Requirements
• Costs Award

S v Malumane and Another (A92/13)

S v Malumane and Another (A92/13) [2013] ZAGPPHC 38 (7 February 2013)

Court

North Gauteng High Court, Pretoria

Case number

A92/13

Judges

LI Vorster, Makgoba EM

The High Court dismissed a review of a Small Claims Court default judgment, holding that absence due to medical treatment is not a review ground under the Act.

• Small Claims Court Review
• Default Judgment
• Grounds For Review
• Rescission Of Judgment
• Small-claims-court
• Default-judgment

Clear Channel Independent (Pty) Ltd v Savage NO and Another (JR2803/06)

Clear Channel Independent (Pty) Ltd v Savage NO and Another (JR2803/06) [2008] ZALC 166; [2009] 5 BLLR 439 (CC) ; (2009) 30 ILJ 1593 (LC) (21 November 2008)

Court

Labour Court

Case number

JR2803/06

Judge

molahlehi

The Labour Court held that the review of private arbitration awards is strictly limited to the grounds set out in section 33(1) of the Arbitration Act. The applicant failed to confine its attack to these grounds and did not establish any misconduct, gross irregularity, excess of powers, or improper procurement of the award. The arbitrator properly considered the evidence, applied the relevant legal principles, and arrived at a conclusion within her powers. There was no procedural irregularity or failure to apply her mind. The order of reinstatement was justified under section 193 of the Labou…

Source excerpt

• Review Of Arbitration Award
• Grounds For Review
• Reinstatement
• Procedural Irregularity
• Unfair Dismissal

Rooi v Heffer NO and Others (JR1222/07)

Rooi v Heffer NO and Others (JR1222/07) [2008] ZALCJHB 20 (2 September 2008)

Court

Labour Court Johannesburg

Case number

JR1222/07

Judge

Pillay D

The Labour Court dismissed a review application because the applicant failed to set out any grounds to challenge the arbitration award.

• Review Of Arbitration Award
• Dismissal For Fraud
• Grounds For Review
• Labour-law
• Review-of-arbitration-award
• Dismissal-for-fraud

South African Police Service v Safety And Security Sectoral Bargaining Council and Others (JR699/2005)

South African Police Service v Safety And Security Sectoral Bargaining Council and Others (JR699/2005) [2007] ZALCJHB 33 (22 June 2007)

Court

Labour Court Johannesburg

Case number

JR699/2005

Judge

Ngalwana AJ

The applicant failed to establish any reviewable irregularity as required by section 145 of the Labour Relations Act. The grounds advanced were appeal grounds, not review grounds, and the applicant did not provide evidence at arbitration regarding the availability of the post or budget. The arbitrator's decision was rational and justifiable based on the material before him. The reviewing court is not tasked with determining the correctness of the award, but whether it is irrational or unjustifiable. As the applicant did not meet this threshold, the review application must fail.

Source excerpt

• Unfair Labour Practice
• Promotion
• Review Of Arbitration Award
• Grounds For Review

Wood v Potane N.O and Others (J 4322/02)

Wood v Potane N.O and Others (J 4322/02) [2004] ZALC 30; [2004] 7 BLLR 722 (LC) (25 March 2004)

Court

Labour Court

Case number

J4322/02

Judge

B R Tokota

The Labour Court dismissed a review of a refused condonation application, holding that no reviewable irregularity or misdirection was shown.

• Condonation For Late Referral
• Review Of Arbitration Award
• Grounds For Review
• Costs Orders
• Labour-law
• Condonation

Amalgamated Beverage Industries Limited v Sibiya and Others (DA8/2001)

Amalgamated Beverage Industries Limited v Sibiya and Others (DA8/2001) [2002] ZALAC 28 (7 December 2002)

Court

Labour Appeal Court

Case number

DA8/2001

Judges

Nicholson, Zondo, Mogoeng

The Labour Appeal Court held that the respondents failed to plead proper statutory grounds to review a CCMA award, so the Labour Court’s review order was overturned.

• Unfair Dismissal
• Review Of Arbitration Award
• Grounds For Review
• Condonation Of Late Filing
• Labour-law
• Ccma-review