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South Africa Case Law

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Labour Law [2023] ZALCJHB 87

CCMA v De Jager and Others (JR292/19)

CCMA v De Jager and Others (JR292/19) [2023] ZALCJHB 87; [2023] 7 BLLR 637 (LC) (17 March 2023)

Court
Labour Court Johannesburg
Case number
JR292/19
Judge
Moshoana

The Labour Court held that the CCMA, by abiding by the decision of the court and not opposing the review application, perempted its right to appeal. The application for leave to appeal was found to be a disguised attempt to obtain declaratory relief regarding the interpretation of Rule 17(2) and section 191(5A) of the LRA, which is not permissible in an application for leave to appeal. The court emphasized that appeals do not lie against the reasons for an order, but only against the operative order itself. Furthermore, the court found that the appeal would have no practical effect for the CC…

Source excerpt

  • Leave To Appeal
  • Peremption Of Right To Appeal
  • Rescission Of Award
  • Interpretation Of Ccma Rules
  • Review Of Arbitration Award
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Labour Law [2018] ZACC 4

September and Others v CMI Business Enterprise CC (CCT279/16)

September and Others v CMI Business Enterprise CC (CCT279/16) [2018] ZACC 4; 2018 (4) BCLR 483 (CC); (2018) 39 ILJ 987 (CC); [2018] 5 BLLR 431 (CC) (27 February 2018)

Court
Constitutional Court
Case number
CCT279/16
Judges
Zondo DCJ, Cameron J, Froneman J, Jafta J, Kathree Setiloane AJ, Kollapen AJ, Madlanga J, Mhlantla J, Theron J, Zondi AJ

The majority held that the Labour Court had jurisdiction to adjudicate the dispute because, although the referral form described the dispute as unfair discrimination, the substance of the dispute—constructive dismissal due to racial discrimination—was canvassed during conciliation. The Court found that the referral documents and certificate of outcome are prima facie evidence of the nature of the dispute, but where the true nature is disputed, evidence from conciliation proceedings may be admitted to clarify the substance. Rule 16 of the CCMA Rules does not render evidence as to the nature of…

Source excerpt

  • Conciliation Privilege
  • Automatically Unfair Dismissal
  • Constructive Dismissal
  • Racial Discrimination
  • Jurisdiction Of Labour Court
  • Interpretation Of Ccma Rules
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.