South Africa Case Law

CTP Gravure (Pty) a division of CTP Limited v Statutory Council for Printing Newspaper and Packaging Industry and Others (DA 04/2024)

CTP Gravure (Pty) a division of CTP Limited v Statutory Council for Printing Newspaper and Packaging Industry and Others (DA 04/2024) [2025] ZALAC 16 (20 March 2025)

Court

Labour Appeal Court

Case number

DA 04/2024

Judges

Van Niekerk, Waglay, Mooki

The Labour Appeal Court dismissed a challenge to an arbitration award, holding that a late ruling on hearsay admissibility did not justify review where the case rested on workplace rumour.

• Admissibility Of Hearsay Evidence
• Arbitration Procedure
• Legal Representation In Arbitration
• Unfair Dismissal
• Section 3 Law Of Evidence Amendment Act
• Labour-law

Passenger Rail Agency of South Africa (Pty) Ltd v Mathobela and Others (2024/127351)

Passenger Rail Agency of South Africa (Pty) Ltd v Mathobela and Others (2024/127351) [2024] ZALCJHB 446 (13 November 2024)

Court

Labour Court Johannesburg

Case number

2024/127351

Judge

M Makhura

The Labour Court dismissed PRASA’s urgent bid to halt CCMA arbitration pending review of a legal-representation ruling, finding no exceptional circumstances.

• Legal Representation In Arbitration
• Interlocutory Review
• Exceptional Circumstances
• Ccma Rules
• Section 158 1b Lra
• Ccma-legal-representation

Fritz v Transnet Port Terminals and Others (PR129/20)

Fritz v Transnet Port Terminals and Others (PR129/20) [2023] ZALCPE 25 (24 November 2023)

Court

Labour Court Port Elizabeth

Case number

PR129/20

Judge

Lallie

The Labour Court set aside a ruling refusing legal representation at arbitration, finding the commissioner failed to consider the parties’ comparative ability to present the dispute.

• Legal Representation In Arbitration
• Review Of Arbitration Award
• Procedural Fairness
• Comparative Ability Of Parties
• Legal-representation-at-arbitration
• Review-of-arbitration-award

Mbelu v Molapo NO and Others (JR1725/17)

Mbelu v Molapo NO and Others (JR1725/17) [2021] ZALCJHB 38 (5 February 2021)

Court

Labour Court Johannesburg

Case number

JR1725/17

Judge

Nkutha-Nkontwana

Review of CCMA award dismissed: refusal of legal representation was proper, the evidence supported misconduct, and dismissal was held fair.

• Review Of Arbitration Award
• Legal Representation In Arbitration
• Misconduct And Dismissal
• Managerial Duties
• Condonation Of Late Filing
• Labour-law

Als Chemex South Africa (Pty) Ltd v Khan and Others (JR452/15)

Als Chemex South Africa (Pty) Ltd v Khan and Others (JR452/15) [2016] ZALCJHB 415 (2 November 2016)

Court

Labour Court Johannesburg

Case number

JR452/15

Judge

Steenkamp

The court found that the arbitrator's refusal to allow the employer's representative, Mr Kelderman, to testify regarding the disciplinary hearing was a reviewable procedural irregularity. This refusal deprived the applicant of a fair hearing, as the arbitrator subsequently based his award on the absence of evidence that Kelderman would have provided. The court held that an informal indication by a lay representative about the number of witnesses to be called cannot justify the exclusion of further relevant testimony, especially in informal arbitration proceedings. The matter was remitted to t…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Procedural Fairness
• Legal Representation In Arbitration

Baur Research CC v Commission For Conciliation, Mediation and Arbitration and Others (JR 28/2011)

Baur Research CC v Commission For Conciliation, Mediation and Arbitration and Others (JR 28/2011) [2013] ZALCJHB 338; (2014) 35 ILJ 1528 (LC) (10 December 2013)

Court

Labour Court Johannesburg

Case number

JR 28/2011

Judge

Snyman AJ

Labour Court review of a CCMA award succeeded after procedural unfairness deprived the employer of a fair hearing.

• Unfair Dismissal
• Legal Representation In Arbitration
• Gross Irregularity
• Procedural Fairness
• Misconduct By Arbitrator
• Ccma-review

National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR 1557/2010)

National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR 1557/2010) [2013] ZALCJHB 191 (12 August 2013)

Court

Labour Court Johannesburg

Case number

JR 1557/2010

Judge

Boqwana

The Labour Court granted condonation for a late leave-to-appeal application and allowed the appeal, finding reasonable prospects that another court may differ.

• Leave To Appeal
• Legal Representation In Arbitration
• Condonation Of Late Filing
• Leave-to-appeal
• Condonation
• Legal-representation-in-arbitration

Haraeus Refinery (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (P 315/11)

Haraeus Refinery (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (P 315/11) [2013] ZALCPE 15 (13 March 2013)

Court

Labour Court Port Elizabeth

Case number

P 315/11

Judge

Lallie

Labour Court review set aside a CCMA award after finding the commissioner failed to properly consider and consent to legal representation.

• Legal Representation In Arbitration
• Gross Irregularity
• Review Of Arbitration Award
• Procedural Fairness
• Legal-representation-in-arbitration
• Gross-irregularity

Law Society of the Northern Provinces v Minister of Labour and Others (61197/11)

Law Society of the Northern Provinces v Minister of Labour and Others (61197/11) [2012] ZAGPPHC 224; 2013 (1) SA 468 (GNP); [2013] 1 BLLR 105 (GNP); (2012) 33 ILJ 2798 (GNP); [2013] 1 All SA 688 (GNP) (15 October 2012)

Court

North Gauteng High Court, Pretoria

Case number

61197/11

Judge

Tuchten

The court found that rule 25(1)(c) of the CCMA rules, which restricts legal practitioners from representing parties in dismissal arbitrations involving conduct or capacity unless certain conditions are met, is inconsistent with the Constitution and PAJA. The rule arbitrarily limits the discretion of commissioners to allow legal representation in serious cases, as PAJA requires that such discretion be available in both serious and complex matters. The court held that the limitation imposed by the rule is not rationally connected to its purpose and is therefore arbitrary. The High Court has jur…

Source excerpt

• Legal Representation In Arbitration
• Promotion Of Administrative Justice Act
• Bill Of Rights Limitation
• Ccma Rules
• Procedural Fairness
• Arbitrariness

Only Professional Modern Autobody CC t/a Modern Collission Centre v MISSA obo Gouws and Others (JR2811/2010; J2215/10)

Only Professional Modern Autobody CC t/a Modern Collission Centre v MISSA obo Gouws and Others (JR2811/2010; J2215/10) [2012] ZALCJHB 54 (14 June 2012)

Court

Labour Court Johannesburg

Case number

JR2811/2010; J2215/10

Judge

Molahlehi

Labour Court dismissed a review of an unfair dismissal award, finding the application defective, the record incomplete, and the arbitrator’s rulings reasonable.

• Unfair Dismissal
• Legal Representation In Arbitration
• Postponement Of Arbitration
• Compensation For Unfair Dismissal
• Review Of Arbitration Award
• Unfair-dismissal