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South Africa decisions
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Chauke v Commission for Conciliation Mediation and Arbitration and Others (JR1633/23) [2025] ZALCJHB 232 (21 May 2025)
The Labour Court dismissed a review of a CCMA condonation refusal, finding the applicant gave no adequate explanation for a 78-day late referral.
SAMWU obo Shongwe and Others v Myhill N.O and Others (Reasons) (JR1401/21) [2025] ZALCJHB 284 (7 May 2025)
The Labour Court dismissed a review of a CCMA condonation ruling, holding that the late referral of a section 24 dispute meant the CCMA lacked jurisdiction.
Williams v CCMA and Others (C 267/2024) [2025] ZALCCT 17 (7 March 2025)
The Labour Court dismissed a review of a CCMA condonation ruling, finding the commissioner applied the correct test and acted judicially.
Boumbeyi v Commission for Conciliation, Mediation and Arbitration and Others (C312/2021) [2025] ZALCCT 14 (3 March 2025)
The court found that the arbitrator's refusal to condone the late referral was reasonable. The applicant failed to provide any satisfactory or detailed explanation for the excessive delay of 211 days in referring his unfair dismissal dispute. There was no proof of an earlier referral to the CCMA, and the only referral considered was made on 2 March 2021. In accordance with established legal principles, where an inordinate delay is not explained, the prospects of success in the underlying claim are immaterial. The arbitrator was entitled to dismiss the condonation application without consideri…
Source excerpt
South African Clothing and Textile Workers Union and Another and Others v Precision Cutting and Trim and Others (C524/2022) [2025] ZALCCT 13 (19 February 2025)
The Labour Court granted condonation for a late referral in an automatically unfair dismissal dispute, finding the delay explained and prospects of success arguable.
Qholomashe v Education Labour Relations Council and Others (C442/2022) [2025] ZALCCT 8 (24 January 2025)
The Labour Court set aside a condonation refusal in a late dismissal referral, holding the applicant was denied a fair hearing when supporting documents were not considered.
SAMWU obo Mogorosi and Others v South African Local Government Bargaining Council and Others (Jr1528/2020) [2025] ZALCJHB 26 (24 January 2025)
The Labour Court set aside a bargaining council award, finding the unfair dismissal referral was late and the council lacked jurisdiction to arbitrate.
Hlaneki v Anova Health Institute (JS260/2022) [2024] ZALCJHB 502 (11 December 2024)
The Labour Court dismissed a condonation application for a late unfair-dismissal referral, finding the delay unexplained, excessive, and unsupported by prospects of success.
Ntukwana v Minister of Home Affairs General Public Service Sectoral and Others (JR2511/2023) [2024] ZALCJHB 487 (5 December 2024)
The Labour Court dismissed a review of a condonation refusal, holding that the applicant gave no comprehensive explanation for a 28-day late referral.
Rooiland v Phangela Group Security Services (C137/2024) [2024] ZALCCT 56 (20 November 2024)
The Labour Court upheld a special plea that an automatically unfair dismissal claim was referred late, without condonation, and struck the matter from the roll.
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