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South Africa decisions
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Nombewu v Commission for Conciliation, Mediation and Arbitration and Others (C564/2022) [2025] ZALCCT 30 (15 May 2025)
The Labour Court set aside a CCMA ruling after finding the commissioner wrongly excluded legal representation and failed to assist the employee adequately.
Nampak Divfoods (Pty) Ltd v Dlamini and Others (D727/2021) [2024] ZALCD 13 (6 May 2024)
Labour Court review of an unfair dismissal award granted where the arbitrator failed to rule timeously on hearsay evidence and to guide the unrepresented parties.
Ismail v South African Local Government Bargaining Council and Others (C836/2019) [2021] ZALCCT 96 (13 December 2021)
Late review of an unfair dismissal arbitration award was refused: the delay was inadequately explained and the review prospects were poor.
Lyttleton Dolomite (Pty) Ltd v NUM obo Lekgau and Others (JR288/18) [2020] ZALCJHB 132; (2020) 41 ILJ 2871 (LC) (11 August 2020)
Labour Court review upheld where a commissioner’s late hearsay ruling and failure to assist an inexperienced representative caused procedural unfairness.
Manyonya v Commission for Conciliation, Mediation and Arbitration and Others (C683/2018) [2020] ZALCCT 12 (7 May 2020)
The Labour Court set aside a CCMA arbitration award after finding a reasonable apprehension of bias in the commissioner’s conduct during the hearing.
Nkomati Joint Venture v Commissioner For Conciliation,Mediation and Arbitration and Others (JA 155/2017) [2018] ZALAC 53; (2019) 40 ILJ 819 (LAC) (12 December 2018)
The Labour Appeal Court held that the commissioner was under a duty to assist the unrepresented employer when the employee recanted his guilty plea and presented a new version during arbitration. The commissioner failed to inform the employer of its right to re-open its case and lead evidence in rebuttal, which constituted a gross irregularity in the conduct of the proceedings. This failure resulted in an unreasonable outcome and rendered the arbitration award reviewable under section 145(2)(b)(ii) of the LRA. The court found that the helping hand principle remains applicable and is necessary…
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Witbooi v Commission for Conciliation, Mediation and Arbitration and Others (JR2400/13) [2018] ZALCJHB 90; [2018] 7 BLLR 730 (LC); (2018) 39 ILJ 1852 (LC) (23 February 2018)
The court found that the applicant's representative was aware of the need to call Dr Minuer and chose not to do so, thus the commissioner was not obliged to intervene or assist further. The helping hand principle was not applicable in circumstances where the party is represented and understands the process. The commissioner correctly warned about the limited weight of documentary evidence without oral testimony, and the decision to dismiss for incapacity was reasonable given the applicant's inability to meet the job profile and failed attempts at accommodation. No reviewable irregularity occu…
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Assmang Limited (Blackrock Mine) v De Beer and Others (JR948/14) [2017] ZALCJHB 78 (28 February 2017)
The court held that the applicant failed to discharge the burden of proof required to justify the dismissal of the employee. No evidence was led under oath by the employer, and no witnesses were called to contextualise the documentary evidence relied upon. The employee had disclosed his prior neck operation verbally, and the employer's medical staff were aware of his medical history. There was no evidence of a continuing medical condition or of any misconduct. The arbitrator's findings were reasonable, and the reinstatement order was appropriate, as there was no evidence of incapacity or a br…
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