South Africa Case Law

South African Airways (SOC) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR2093/16)

South African Airways (SOC) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR2093/16) [2025] ZALCJHB 338 (1 August 2025)

Court

Labour Court Johannesburg

Case number

JR2093/16

Judge

Schensema

The Labour Court reviewed and set aside a CCMA arbitration award, finding the commissioner ignored material evidence and misconceived the enquiry.

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Jurisdiction Of Ccma
• Review-of-arbitration-award

Tshwane University of Technology v Naidoo and Others (JR516/23)

Tshwane University of Technology v Naidoo and Others (JR516/23) [2025] ZALCJHB 312 (7 July 2025)

Court

Labour Court Johannesburg

Case number

JR516/23

Judge

MH Mhambi

Labour Court review of a CCMA award concerning non-renewal of a fixed-term contract and alleged dismissal under section 186(1)(b) of the LRA.

• Fixed Term Contracts
• Reasonable Expectation
• Unfair Dismissal
• Jurisdiction Of Ccma
• Review Standard
• Interpretation Of Contract

Bani and Others v Commission for Conciliation Mediation and Arbitration and Others (PR84/2024)

Bani and Others v Commission for Conciliation Mediation and Arbitration and Others (PR84/2024) [2025] ZALCPE 9 (10 June 2025)

Court

Labour Court Port Elizabeth

Case number

PR84/2024

Judge

M.B. Mahalelo

The Labour Court reviewed and set aside a CCMA award that dismissed a wage-related dispute as prescribed, remitting the matter for rehearing before a different commissioner.

• Prescription Of Labour Claims
• Collective Agreements
• Arbitration Review
• Jurisdiction Of Ccma
• Binding Effect Of Collective Agreements
• Arbitration-review

SAMWU obo Shongwe and Others v Myhill N.O and Others (Reasons) (JR1401/21)

SAMWU obo Shongwe and Others v Myhill N.O and Others (Reasons) (JR1401/21) [2025] ZALCJHB 284 (7 May 2025)

Court

Labour Court Johannesburg

Case number

JR1401/21

Judge

M T M Phehane

The Labour Court dismissed a review of a CCMA condonation ruling, holding that the late referral of a section 24 dispute meant the CCMA lacked jurisdiction.

• Condonation
• Jurisdiction Of Ccma
• Collective Agreement Interpretation
• Late Referral
• Review Of Arbitration Award
• Labour-law

Tau Phalane Incorporated Attorneys v Commission for Conciliation, Mediation and Arbitration and Others (JR700/23)

Tau Phalane Incorporated Attorneys v Commission for Conciliation, Mediation and Arbitration and Others (JR700/23) [2025] ZALCJHB 169 (10 April 2025)

Court

Labour Court Johannesburg

Case number

JR700/23

Judge

P.H. Kirstein

The Court found that the third respondent's remuneration during the relevant period exceeded the statutory threshold prescribed under section 6(3) of the BCEA. As a result, the CCMA lacked jurisdiction to entertain her claim for outstanding remuneration under section 73A. The second respondent's arbitration award was therefore issued without jurisdiction and must be reviewed and set aside. The Court further determined that the applicant had materially complied with service requirements and that no prejudice was suffered by the third respondent. Given the jurisdictional defect, the other revie…

Source excerpt

• Jurisdiction Of Ccma
• Earnings Threshold Bcea
• Review Of Arbitration Award
• Section 73a Bcea
• Service Of Process
• Costs In Labour Court

Railway Safety Regulator v Mabanga and Others (2025/019807)

Railway Safety Regulator v Mabanga and Others (2025/019807) [2025] ZALCJHB 122 (25 March 2025)

Court

Labour Court Johannesburg

Case number

2025/019807

Judge

G Mafa-Chali

The Labour Court granted an urgent interim interdict staying CCMA arbitration pending review of a condonation ruling on jurisdiction.

• Interim Interdict
• Stay Of Arbitration
• Jurisdiction Of Ccma
• Condonation Ruling Review
• Urgency In Labour Court
• Interim-interdict

Sun International Management Limited (t/a Wild Coast Sun) v Powell and Others (DA12/2023)

Sun International Management Limited (t/a Wild Coast Sun) v Powell and Others (DA12/2023) [2025] ZALAC 20; [2025] 6 BLLR 581 (LAC) (20 March 2025)

Court

Labour Appeal Court

Case number

DA12/2023

Judges

Van Niekerk, Waglay, Mooki

The Labour Appeal Court held that Mr Powell was an independent contractor, not an employee, so the CCMA lacked jurisdiction and the review succeeded.

• Employment Status
• Jurisdiction Of Ccma
• Unfair Dismissal
• Review Of Arbitration Award
• Section 186 Lra
• Employment-status

Resource Africa Trust v Mija (A 225/2024)

Resource Africa Trust v Mija (A 225/2024) [2025] ZAWCHC 87; [2025] 2 All SA 867 (WCC) (7 March 2025)

Court

Western Cape High Court, Cape Town

Case number

A 225/2024

Judges

Cloete, Siyo

The court held that the respondent's claim for unpaid wages was a distinct contractual claim, separate from the unfair dismissal dispute referred to the CCMA. Prescription for the unpaid wages claim began to run on 12 July 2016, when the employment relationship ended. The referral to the CCMA interrupted prescription only for the unfair dismissal claim, not for the contractual claim for unpaid wages. The respondent abandoned the CCMA process in December 2016 and only served summons for unpaid wages on 26 August 2019, more than three years after the cause of action arose. Therefore, the claim…

Source excerpt

• Prescription Act
• Unpaid Wages
• Special Plea
• Unfair Dismissal
• Jurisdiction Of Ccma

Couto v Commission for Conciliation, Mediation and Arbitration and Others (JR2442/23)

Couto v Commission for Conciliation, Mediation and Arbitration and Others (JR2442/23) [2025] ZALCJHB 24 (9 January 2025)

Court

Labour Court Johannesburg

Case number

JR2442/23

Judge

B Ramji

The Labour Court found that the postponement application by the third respondent was dismissed due to lack of diligence and failure to properly apply for postponement. The arbitration award was reviewed and set aside because the Commissioner applied the incorrect legal test for employment status, ignored relevant evidence, and relied on irrelevant factors such as the absence of a signed contract and the issuance of invoices. The Court determined that the substance of the relationship between Mr Couto and the company was that of employment, based on the written contract, company policies, leav…

Source excerpt

• Employment Relationship
• Jurisdiction Of Ccma
• Unfair Dismissal
• Contract Of Employment
• Review Of Arbitration Award

Skhosana v Commission for Conciliation, Mediation and Arbitration and Others (JR874/22)

Skhosana v Commission for Conciliation, Mediation and Arbitration and Others (JR874/22) [2025] ZALCJHB 23; [2025] 6 BLLR 633 (LC); (2025) 46 ILJ 1019 (LC) (9 January 2025)

Court

Labour Court Johannesburg

Case number

JR874/22

Judge

B Ramji

The court found that the CCMA commissioner erred in law by holding that an individual employee lacks standing to refer a dispute about the interpretation or application of a collective agreement. The Labour Relations Act distinguishes between a party to a collective agreement and a party to a dispute, and an individual affected by the interpretation or application of a collective agreement is entitled to refer such a dispute to the CCMA. However, on the merits, the applicant misinterpreted the provisions of the Recognition Agreement and the Disciplinary Code. The leave provisions apply only t…

Source excerpt

• Collective Agreement Interpretation
• Jurisdiction Of Ccma
• Standing Of Individual Employee
• Trade Union Leave
• Unfair Labour Practice