South Africa Case Law

National Union of Mineworkers and Another v Commission for Conciliation Mediation And Arbitration and Others (JA90/2013)

National Union of Mineworkers and Another v Commission for Conciliation Mediation And Arbitration and Others (JA90/2013) [2014] ZALAC 51 (1 October 2014)

Court

Labour Appeal Court

Case number

JA90/2013

Judges

Tlaletsi, Musi, Kathree-Setiloane

The Labour Appeal Court upheld a refusal of legal representation at CCMA arbitration in a sexual harassment dismissal dispute and dismissed the appeal.

• Legal Representation At Ccma
• Rule 25 Ccma
• Unfair Dismissal
• Sexual Harassment
• Constitutional Right To Fair Labour Practices
• Ccma-legal-representation

Motaung v Kwikspace Modular Buildings (Pty) Ltd and Others (JR953/07)

Motaung v Kwikspace Modular Buildings (Pty) Ltd and Others (JR953/07) [2008] ZALC 75 (17 June 2008)

Court

Labour Court

Case number

JR953/07

Judge

Molahlehi

The court found that the commissioner acted within his powers and conducted the arbitration fairly, without bias. The applicant was aware of the restructuring and was offered an alternative position, which he unreasonably rejected. The consultation process complied with the requirements of section 189 of the LRA, and the applicant was afforded opportunities to engage and ask questions. The commissioner’s decision that the dismissal was both procedurally and substantively fair was reasonable and cannot be faulted. The grounds for review raised by the applicant, including alleged denial of lega…

Source excerpt

• Unfair Dismissal
• Retrenchment
• Operational Requirements
• Review Of Arbitration Award
• Legal Representation At Ccma

Northern Province development Corporation v Commission for Concialiation, Mediation and Arbitration and Others (JR217/01)

Northern Province development Corporation v Commission for Concialiation, Mediation and Arbitration and Others (JR217/01) [2002] ZALC 84; (2001) 22 ILJ 2697 (LC) (12 October 2002)

Court

Labour Court

Case number

JR217/01

Judge

K S Tip

The Labour Court reviewed and set aside a CCMA award after finding that the exclusion of the applicant’s legal representative was unlawful and the postponement refusal unjustified.

• Legal Representation At Ccma
• Postponement Of Arbitration
• Commissioners Code Of Conduct
• Review Of Arbitration Award
• Ccma-representation
• Ccma-postponement