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South Africa decisions
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SAMWU obo Moloisane v City of Tshwane Local Municipality and Others (JR 850/2019) [2025] ZALCJHB 215 (10 June 2025)
The Labour Court upheld compensation instead of reinstatement for dismissed community health workers, finding permanent reinstatement was not reasonably practicable.
Commission for Conciliation, Mediation and Arbitration and Another (J930/24), Ex parte [2025] ZALCJHB 12 (9 January 2025)
The Labour Court held that a CCMA contempt referral may proceed ex parte and subpoenaed the employer and its representatives to show cause.
Biyela v Lakeside City Trading 226 (Pty) Ltd and Another (J123/24) [2024] ZALCJHB 475 (25 November 2024)
The application was struck from the roll because the applicant failed to follow the mandatory procedure for contempt proceedings as set out in the Labour Court Practice Manual. Specifically, the applicant did not bring an ex parte application for the respondents to show cause, nor did he provide sufficient evidence that the arbitration award was properly certified and enforceable as a court order. The absence of a signed and dated certification from the CCMA director and lack of supporting documentation meant the applicant did not meet the first requirement for a contempt application, namely…
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Hans v Passenger Rail Agency Of South Africa Soc Ltd t/a Metrorail (C513/2019) [2023] ZALCCT 72 (5 December 2023)
The Labour Court struck a condonation application off the roll after finding the review was deemed withdrawn for late filing of the record.
Minister of Justice and Correctional Services v Mlambo In Re: Minister of Justice and Correctional Services v General Public Services Sector Bargaining Council and Others (JR447/18) [2021] ZALCJHB 289 (23 September 2021)
The Labour Court dismissed an application to compel the respondent to seek condonation for a late answering affidavit, holding that Rule 12(2) was misused.
Overberg District Municipality (ODM) v IMATU obo Spangenberg and Others (C 157/18) [2020] ZALCCT 38 (10 June 2020)
The court found that the municipality's explanation for the late filing of the arbitration record was reasonable, given the supply chain management constraints and the length of the audio recordings, although its failure to invoke clause 11.2.3 of the Practice Manual was deprecated. The explanation for the delay in filing the supplementary affidavit was unsatisfactory due to lack of detail, but not so deficient as to bar reinstatement. The municipality met the low threshold for prospects of success, as it raised a bona fide legal issue regarding the arbitrator's interpretation of the municipa…
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