South Africa Case Law

Oostland Boerdery CC v Department of Employment and Labour Free State and Others (2024/112730)

Oostland Boerdery CC v Department of Employment and Labour Free State and Others (2024/112730) [2024] ZALCJHB 441 (22 October 2024)

Court

Labour Court Johannesburg

Case number

2024/112730

Judge

R Itzkin

The Labour Court ordered the CCMA commissioner to furnish written reasons for verbal rulings, but refused to stay pending arbitration as premature.

• Written Reasons
• Interlocutory Rulings
• Stay Of Proceedings
• Review Application
• Legal Representation
• Jurisdiction Of Commissioner

Mfingwana v Commission for Concialiation, Mediation and Arbitration and Others (PR226/21)

Mfingwana v Commission for Concialiation, Mediation and Arbitration and Others (PR226/21) [2023] ZALCPE 11 (19 June 2023)

Court

Labour Court Port Elizabeth

Case number

PR226/21

Judge

Z. Lallie

The court held that the commissioner's dismissal of the referral under section 138(5)(a) of the LRA was not a ruling or award as contemplated by section 144 and therefore could not be subject to rescission. Since the rescission application was based on a decision that was a nullity, the commissioner lacked jurisdiction to entertain it. Consequently, the review application was incompetent and had to be dismissed. The applicant's procedural objections to the ECDC's notice of opposition were not properly pleaded and thus failed. The applicant did not act unreasonably in bringing the review appli…

Source excerpt

• Review Of Arbitration Award
• Jurisdiction Of Commissioner
• Rescission Application
• Nullity Of Decision

Valinor Trading 133 CC t/a Kings Castle v CCMA and Others (JR292/19)

Valinor Trading 133 CC t/a Kings Castle v CCMA and Others (JR292/19) [2023] ZALCJHB 33; (2023) 44 ILJ 1106 (LC); [2023] 4 BLLR 321 (LC) (3 February 2023)

Court

Labour Court Johannesburg

Case number

JR292/19

Judge

GN Moshoana

The Labour Court held that the CCMA commissioner was not empowered to commence arbitration immediately after conciliation where a party had objected, regardless of whether the objection complied with the CCMA Rules' timeframes. The Labour Relations Act does not prescribe a time period for objections, and the Rules cannot override the substantive right to object. The commissioner's decision to proceed with arbitration in the face of an objection was contrary to the Act and the principle of legality, rendering the default award and subsequent rescission rulings nullities. Furthermore, after iss…

Source excerpt

• Unfair Dismissal
• Jurisdiction Of Commissioner
• Functus Officio
• Rescission Of Award
• Principle Of Legality

Pheme v S (A11/2022)

Pheme v S (A11/2022) [2023] ZALMPPHC 1 (16 January 2023)

Court

Limpopo High Court, Polokwane

Case number

A11/2022

Judge

Graham Nasious Moshoana

The court held that the arbitration award made by agreement under section 142A of the LRA is not equivalent to an award issued after arbitration proceedings under section 138(7). The commissioner correctly declined jurisdiction to rescind the award, as the award was a consensual product of the parties and not the result of arbitration proceedings. The jurisdictional facts required by section 142A were present, and the ELRC lacked jurisdiction to entertain a rescission application in these circumstances. The application for review was dismissed, and no order as to costs was made, in line with…

Source excerpt

• Settlement Agreement
• Arbitration Award
• Jurisdiction Of Commissioner
• Rescission Application
• Section 142a Lra
• Costs Order

Department of Agriculture, Forestry and Fisheries v Teto and Others (CA8/2019)

Department of Agriculture, Forestry and Fisheries v Teto and Others (CA8/2019) [2020] ZALAC 19; (2020) 41 ILJ 2086 (LAC); [2020] 10 BLLR 994 (LAC) (28 May 2020)

Court

Labour Appeal Court

Case number

CA8/2019

Judges

JR Murphy, M Phatshoane, DM Davis

The Labour Appeal Court held that employees who kept working after fixed-term contracts expired remained employed by DAFF and were entitled to reinstatement.

• Unfair Dismissal
• Fixed Term Contracts
• Reinstatement
• Jurisdiction Of Commissioner
• Compensation For Unfair Dismissal
• Unfair-dismissal

Uijs v Ferreira and Others (JR1921/13)

Uijs v Ferreira and Others (JR1921/13) [2016] ZALCJHB 514 (7 December 2016)

Court

Labour Court Johannesburg

Case number

JR1921/13

Judge

Baloyi

The Labour Court set aside a CCMA arbitration award after finding the commissioner lacked jurisdiction because the dispute had already been settled.

• Review Of Arbitration Award
• Jurisdiction Of Commissioner
• Constructive Dismissal
• Settlement Agreement
• Condonation
• Labour-law

Mathye v Commission for Conciliation Mediation And Arbitration and Others (JR25/2013)

Mathye v Commission for Conciliation Mediation And Arbitration and Others (JR25/2013) [2015] ZALCJHB 248 (7 August 2015)

Court

Labour Court Johannesburg

Case number

JR25/2013

Judge

David Woodhouse

The court found that none of Mathye's grounds for review were substantiated by the evidence. The Commissioner did not prevent Mathye from calling her mother as a witness, and the explanation for not calling her was rational. The discrimination issue was abandoned by agreement, and the Commissioner correctly declined jurisdiction over payment matters. There was no evidence of coercion to settle, and the presence of the employer's witness after testifying was not irregular. The Commissioner properly considered all evidence, and the award was both procedurally and substantively fair. Applying th…

Source excerpt

• Review Of Arbitration Award
• Medical Incapacity Dismissal
• Procedural Fairness
• Jurisdiction Of Commissioner

SAA Technical (Pty) Ltd v Sjolund NO and Others (JR2258/11)

SAA Technical (Pty) Ltd v Sjolund NO and Others (JR2258/11) [2012] ZALCJHB 162 (18 December 2012)

Court

Labour Court Johannesburg

Case number

JR2258/11

Judge

Bhoola

Labour Court review of a CCMA declaratory award concerning a collective agreement, secondary salary and pension contributions. Award set aside and remitted.

• Collective Agreements
• Interpretation Of Agreements
• Prescription Act
• Unreasonable Delay
• Jurisdiction Of Commissioner
• Labour-law

Emerald Safari Resort and Casino v Hlongwane NO and Others (JR 3257/06)

Emerald Safari Resort and Casino v Hlongwane NO and Others (JR 3257/06) [2011] ZALCJHB 64 (22 July 2011)

Court

Labour Court Johannesburg

Case number

JR 3257/06

Judge

Moletsane

The Labour Court reviewed and set aside a CCMA certificate of outcome issued after a late constructive-dismissal referral without a condonation application.

• Condonation Of Late Referral
• Constructive Dismissal
• Certificate Of Outcome Review
• Ccma Rules
• Jurisdiction Of Commissioner
• Ccma-review

Ncaphayi v Commission for Conciliation, Mediation and Arbitration and Others (JR 865/09)

Ncaphayi v Commission for Conciliation, Mediation and Arbitration and Others (JR 865/09) [2010] ZALC 118; (2011) 32 ILJ 402 (LC) (3 August 2010)

Court

Labour Court

Case number

JR 865/09

Judge

Lagrange

The commissioner misconstrued his jurisdiction by concluding that the applicant's withdrawal of the first CCMA referral precluded a subsequent referral unless set aside by the Labour Court. The withdrawal was not an act of a functionary and did not constitute a bar to reinstituting proceedings, especially as no decision on the merits was made and the withdrawal was not part of a settlement agreement. The Labour Relations Act and relevant case law establish that withdrawal is akin to absolution from the instance, which does not prevent a fresh referral. The commissioner therefore erred in decl…

Source excerpt

• Withdrawal Of Ccma Referral
• Jurisdiction Of Commissioner
• Unfair Dismissal
• Condonation Application