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South Africa decisions
Decisions matching the current search
Malema v Commission for Conciliation, Mediation and Arbitration and Others (JR652/22) [2024] ZALCJHB 534 (5 December 2024)
The Labour Court dismissed a review of a CCMA jurisdiction ruling, holding that condonation refusal on the same dispute rendered the matter res judicata.
Muridzo v Dispute Resolution Centre (MIBCO) and Others (C535/2021) [2024] ZALCCT 35 (12 July 2024)
The Labour Court reviewed and set aside an arbitration award, finding the applicant proved he was dismissed and that the dismissal was substantively and procedurally unfair.
Mothupi v City of South African Local Government Bargaining Council and Others (JR2300/2022) [2024] ZALCJHB 170 (24 April 2024)
Review dismissed: the Labour Court held that the applicant failed to prove constructive dismissal and had reasonable alternatives before resigning.
Mtyala v Motor Industry Bargaining Council and Others (JR 2426/2021) [2023] ZALCJHB 352 (8 March 2023)
Labour Court review dismissed because the applicant relied on the wrong test and failed to show the arbitrator was objectively wrong on whether a dismissal occurred.
BIFAWU obo Ndhlovu v Commission for Conciliation Mediation and Arbitration and Others (JR 1432/21) [2022] ZALCJHB 287 (20 October 2022)
The Labour Court held that a WhatsApp message did not prove dismissal and dismissed a review of a CCMA jurisdictional ruling.
Harmony Gold Mining Company Limited-Kalgold Operations v Commission for Conciliation, Mediation and Arbitration and Others (JR 678/16) [2022] ZALCJHB 25 (18 January 2022)
The court found that the commissioner correctly assessed the evidence and arguments, concluding that the dispute regarding medical aid contributions constituted a continuous unfair labour practice. The disparity in benefits persisted monthly, making the dispute ongoing rather than a single act. As such, the referral was not out of time and did not require condonation. The applicant failed to establish any basis for review, and the commissioner did not exceed her powers. The court held that there was no reason to interfere with the jurisdictional ruling.
Source excerpt
National Union of Metalworkers of South Africa v Arcelormittal South Africa Limited and Others (JR1051/20) [2021] ZALCJHB 333 (30 September 2021)
The Labour Court held that NUMSA’s dispute concerned enforcement of a plant-level collective agreement under section 33A, and dismissed the review.
Jones v Commissioner for Mediation, Conciliation and Arbitration and Others (C709/2018) [2021] ZALCCT 10 (6 January 2021)
Labour Court review dismissed an employee’s challenge to a CCMA award, holding she failed to prove a reasonable expectation that her fixed-term contract would be renewed.
Ircon International Limited v Tension Overhead Electrification (Pty) Ltd and Others (2020/17743) [2020] ZAGPJHC 345 (18 August 2020)
The High Court struck Ircon’s urgent application to stay an arbitration, finding the delay self-created and the matter not urgent.
Motlaase v Commission for Conciliation, Mediation and Arbitration and Others (JR 1802 /2017) [2020] ZALCJHB 186 (18 June 2020)
Review of an award on non-renewal of a fixed-term contract failed because no reasonable expectation of renewal was proved and the review test was misstated.
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