Steve Tshwete Local Municipality v Commissioner M E Phooko N. O and Others (JR 1796/17) [2023] ZALCJHB 18 (7 February 2023)
Court
Labour Court Johannesburg
Case number
JR 1796/17
Judge
GN Moshoana
The Labour Court set aside a commissioner’s variation ruling, holding that the award was final and binding and could not be varied outside section 144 of the LRA.
Mathopo, Moshimane and Mulangaphuma t/a DM5 Inc v Commission for Conciliation, Mediation and Arbitration and Others (JR616/15) [2019] ZALCJHB 21 (5 February 2019)
Court
Labour Court Johannesburg
Case number
JR616/15
Judge
Mahosi
The Labour Court dismissed a review of a CCMA jurisdiction ruling, holding the commissioner properly interpreted the termination letter and could send the unfair dismissal dispute to arbitration.
General Industries Workers Union of South Africa and Others v National Bargaining Council for the Furniture Industry and Others (JR414/14) [2018] ZALCJHB 366 (8 November 2018)
Court
Labour Court Johannesburg
Case number
JR414/14
Judge
Mahosi
The Labour Court upheld a bargaining council’s lack of jurisdiction over a selective re-employment dispute, but set aside the arbitrator’s costs order.
National Union of Metalworkers of South Africa obo Jama v Transnet Engineering Uitenhage and Others (PR 166/15) [2017] ZALCJHB 517; [2018] 3 BLLR 301 (LC) (15 December 2017)
Court
Labour Court Johannesburg
Case number
PR 166/15
Judge
Mahosi
The Labour Court found that the commissioner erred in concluding that the CCMA lacked jurisdiction to arbitrate the unfair dismissal dispute. The evidence established that the dispute was about alleged misconduct—insubordination and tampering with an official document—not discrimination based on union affiliation. The commissioner attached undue significance to the employee’s opinion of victimisation during cross-examination, rather than the factual basis for dismissal. Both parties confirmed at the outset that the dispute related to misconduct, and the issue of jurisdiction was not raised un…
TOV Cleaning Services CC and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR824/2011) [2016] ZALCJHB 563 (26 October 2016)
Court
Labour Court Johannesburg
Case number
JR824/2011
Judge
Kirstein
The Labour Court found that the commissioner exceeded his powers by determining an automatic unfair dismissal dispute arising from participation in a protected strike. The dismissal of employees for abscondment during a protected strike constitutes an automatically unfair dismissal in terms of Section 187(1)(a) of the Labour Relations Act. The commissioner committed a jurisdictional error by assuming jurisdiction over a dispute that should have been referred to the Labour Court for adjudication. The review test applicable is correctness, and the commissioner’s assumption of jurisdiction was o…
Hood v Association of Retired Persons & Pensioners and Others (C524/2004) [2005] ZALC 102; [2006] 3 BLLR 311 (LC); (2006) 27 ILJ 1017 (LC) (17 December 2005)
Court
Labour Court
Case number
C524/2004
Judge
Murphy AJ
The Labour Court found that Article 19 of the Association's articles of association granted the board of directors the authority to appoint the applicant as CEO, as neither the Companies Act nor the articles required such appointments to be made by the general meeting. The exclusion of the standard articles in Schedule 1 did not restrict the board's powers in this regard. The arbitrator failed to consider the relevant provisions of the articles and the evidence, resulting in a reviewable jurisdictional error. There was no evidence to support the finding that the chairman lacked the necessary…
