South Africa Case Law

Mathole v Governing Body of the Commission for Conciliation, Mediation and Arbitration and Others (Reasons) (J 15/2023)

Mathole v Governing Body of the Commission for Conciliation, Mediation and Arbitration and Others (Reasons) (J 15/2023) [2023] ZALCJHB 143 (10 May 2023)

Court

Labour Court Johannesburg

Case number

J 15/2023

Judge

A van Niekerk

The Labour Court removed an urgent application from the roll after finding defective service on multiple respondents, including noncompliance with email-service requirements.

• Service Of Process
• Urgent Applications
• Labour Court Practice
• Affidavit Of Service
• Service-of-process
• Urgent-applications

Helesi v The South African Police Services and Another (C59/2017)

Helesi v The South African Police Services and Another (C59/2017) [2022] ZALCCT 38 (21 July 2022)

Court

Labour Court Cape Town

Case number

C59/2017

Judge

Rabkin-Naicker

The Labour Court dismissed an application for condonation of a late unfair discrimination referral, finding the delay inadequately explained and excessive.

• Condonation
• Unfair Discrimination
• Employment Equity Act
• Late Referral
• Jurisdiction
• Labour Court Practice

NUMSA obo Charles v DSV Solutions (Pty) Ltd and Another (PR118/20)

NUMSA obo Charles v DSV Solutions (Pty) Ltd and Another (PR118/20) [2021] ZALCPE 11 (22 October 2021)

Court

Labour Court Port Elizabeth

Case number

PR118/20

Judge

P N Kroon

The Labour Court postponed a late-review condonation application sine die, holding it should be heard with the review itself and not separately.

• Condonation
• Late Lodging Of Review
• Unfair Dismissal
• Labour Court Practice
• Costs In Litigation
• Labour-court-procedure

Minister of Water and Sanitation v Maseko and Others (JR448/17B)

Minister of Water and Sanitation v Maseko and Others (JR448/17B) [2020] ZALCJHB 33; [2020] 5 BLLR 528 (LC) (14 February 2020)

Court

Labour Court Johannesburg

Case number

JR448/17B

Judge

S B Hardie

The Labour Court ordered costs de bonis propriis against the applicant’s attorneys after finding serious negligence in a labour review and record preparation.

• Costs De Bonis Propriis
• Review Proceedings
• Negligence Of Legal Representatives
• Ccma Record
• Labour Court Practice
• Costs-de-bonis-propriis

Liberty Group Properties (Pty) Ltd v Moodley and Others (JR576/2011)

Liberty Group Properties (Pty) Ltd v Moodley and Others (JR576/2011) [2014] ZALCJHB 126 (16 April 2014)

Court

Labour Court Johannesburg

Case number

JR576/2011

Judge

D H Gush

The Labour Court granted leave to appeal, finding reasonable prospects of a different outcome, but dismissed condonation for late further submissions.

• Leave To Appeal
• Condonation
• Labour Court Practice
• Late Filing
• Grounds For Appeal
• Leave-to-appeal

Sibisi v Ganpath (D178/2000)

Sibisi v Ganpath (D178/2000) [2003] ZALC 25; (2003) 24 ILJ 857 (LC); [2003] 4 BLLR 401 (LC) (5 March 2003)

Court

Labour Court

Case number

D178/2000

Judge

Pillay

The Labour Court is of equal status to the High Court, and there is no rational or constitutional basis to distinguish between the fees allowable to attorneys and advocates for the same work actually done. However, the Guideline for Junior Counsel's fees is not a fixed tariff and must be applied with regard to the complexity, length, and value of the work. In this case, the matter was routine, brief, and not complex, with no material disputes of fact or law. The appropriate fee for the attorney's appearance is R300,00, not the R3000,00 claimed. The taxing officer erred in requiring a special…

Source excerpt

• Taxation Of Costs
• Attorney Right Of Appearance
• Fees For Court Appearance
• Labour Court Practice