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Ngubo v Tshepang Contractors And Trading CC and Others (3967/2018) [2023] ZAFSHC 149 (2 May 2023)
The High Court dismissed an application to set aside a substitution order, upheld a counter-application to correct a party citation, and awarded costs against the applicant.
Ngwethana Madumetja Security Services CC v CCMA and Others (JR2240/19) [2022] ZALCJHB 116 (13 May 2022)
The commissioner exceeded his powers by substituting the cited employer party without a proper application or notice to the affected party, in contravention of the CCMA Rules. The applicant was not afforded procedural fairness, as it was neither cited nor served with the referral forms or notice of set down. The variation ruling was made on a nullity, as the underlying award was invalid. Both the arbitration award and the variation ruling are susceptible to review and must be set aside. The dispute is remitted to the CCMA for a hearing de novo before a different commissioner.
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