South Africa Case Law

Amalungelo Worker's Union obo Mayisela and Others v Commission for Conciliation, Mediation and Arbitration (JA 07/21)

Amalungelo Worker's Union obo Mayisela and Others v Commission for Conciliation, Mediation and Arbitration (JA 07/21) [2021] ZALAC 55; (2022) 43 ILJ 600 (LAC) (29 November 2021)

Court

Labour Appeal Court

Case number

JA 07/21

Judges

Davis JA, Coppin JA, Kubushi AJA

The Labour Appeal Court held that the CCMA lacked jurisdiction because the section 198B dispute was referred late and no condonation was sought.

• Fixed Term Contracts
• Jurisdiction Of Ccma
• Late Referral Condonation
• Section 198b Lra
• Arbitration Awards
• Continuing Wrong

Unilever South Africa (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2165/18)

Unilever South Africa (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2165/18) [2020] ZALCJHB 203; (2021) 42 ILJ 411 (LC); [2021] 3 BLLR 294 (LC) (27 October 2020)

Court

Labour Court Johannesburg

Case number

JR2165/18

Judge

G. P. J. Olivier

Labour Court review of a CCMA award: the referral under section 198D was late, no condonation was sought, and the commissioner lacked jurisdiction.

• Fixed Term Contracts
• Jurisdiction Of Ccma
• Late Referral Condonation
• Declaratory Relief
• Benefits And Back Pay
• Ccma-jurisdiction

National Union of Metal Workers of SA and Another v BMW (South Africa) (Pty) Ltd (JS740/18)

National Union of Metal Workers of SA and Another v BMW (South Africa) (Pty) Ltd (JS740/18) [2019] ZALCJHB 146; (2019) 40 ILJ 1818 (LC) (19 February 2019)

Court

Labour Court Johannesburg

Case number

JS740/18

Judge

Van Niekerk

The Labour Court held that section 191(11) of the LRA clearly distinguishes between referrals for arbitration and adjudication. For adjudication, the statute requires referral within 90 days of the CCMA issuing a certificate of outcome. The court found that the applicants referred the dispute within 90 days of the certificate, making the referral timeous. The respondent's reliance on SAMWU v Ngwathe Local Municipality was misplaced, as that case dealt with arbitration referrals and did not overturn the principle established in Hernic Exploration. The Constitutional Court in F & J Electrical c…

Source excerpt

• Automatic Unfair Dismissal
• Discrimination On Age
• Late Referral Condonation
• Section 191 Lra
• Jurisdictional Time Limits

Pearson and Others v TS Africa Catering Solutions and Another (JS1135/12)

Pearson and Others v TS Africa Catering Solutions and Another (JS1135/12) [2014] ZALCJHB 65 (28 February 2014)

Court

Labour Court Johannesburg

Case number

JS1135/12

Judge

Van Niekerk

The Labour Court dismissed a referral seeking declaratory relief on a section 197 transfer, finding no pleaded dismissal dispute and a late referral without condonation.

• Transfer Of Business As Going Concern
• Section 197 Lra
• Jurisdiction Of Labour Court
• Declaratory Relief
• Unfair Dismissal
• Late Referral Condonation

South African Commercial Catering and Allied Workers Union obo Members v Entertainment Logistics Service (A division of Gallo Africa Ltd) (JS 585/28)

South African Commercial Catering and Allied Workers Union obo Members v Entertainment Logistics Service (A division of Gallo Africa Ltd) (JS 585/28) [2010] ZALC 126; [2011] 2 BLLR 206 (LC) ; )(2011) 32 ILJ 410 (LC) (31 August 2010)

Court

Labour Court

Case number

JS 585/08

Judge

Van Niekerk

The Labour Court held that joinder could not be used to bypass late-referral time limits under section 191 of the LRA, and dismissed the application with costs.

• Joinder Of Parties
• Late Referral Condonation
• Unprotected Strike Dismissal
• Statutory Time Limits
• Joinder-of-parties
• Late-referral-condonation

Velinov v University of KwaZulu-Natal and Others (LD740/04 , D740/04)

Velinov v University of KwaZulu-Natal and Others (LD740/04 , D740/04) [2005] ZALC 27; [2006] 6 BLLR 607 (LC); (2006) 27 ILJ 177 (LC) (26 October 2005)

Court

Labour Court

Case number

D740/04

Judge

G O Van Niekerk

The Labour Court held that the CCMA Commissioner retained jurisdiction to arbitrate the dispute as long as a certificate of non-resolution had been issued and not set aside, regardless of whether the referral was late. The Court rejected the University’s argument that the applicant, having resigned, was not entitled to protection under the unfair labour practice provisions, finding that employees serving their notice period remain protected under the LRA. The Commissioner’s reasoning was found to be fundamentally flawed, amounting to a gross irregularity, and the arbitration award was accordi…

Source excerpt

• Unfair Labour Practice
• Jurisdiction Of Ccma
• Late Referral Condonation
• Resignation And Employee Status

Van Rooy v Nedcor Bank Ltd (C176/97)

Van Rooy v Nedcor Bank Ltd (C176/97) [1998] ZALC 137 (13 March 1998)

Court

Labour Court

Case number

C176/97

Judge

D Mlambo

The Labour Court held that a late CCMA referral without condonation meant the CCMA lacked jurisdiction, so the Labour Court also lacked jurisdiction.

• Unfair Dismissal
• Jurisdiction Of Labour Court
• Late Referral Condonation
• Discrimination Claim Pleading
• Late-referral-condonation
• Ccma-jurisdiction