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South Africa decisions
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Mohale and Another v Allied Publishing Limited (JS281-18) [2021] ZALCJHB 108 (27 May 2021)
The Labour Court refused condonation for a 62-day late statement of case, finding the explanation inadequate and the delay prejudicial to the respondent.
Mhambi and Others v Elgin Poultry Abattoir (C301/20) [2021] ZALCCT 18 (23 March 2021)
The Labour Court granted condonation for a late referral in a mass dismissal dispute, finding the delay not excessive and the applicants to have some prospects of success.
National Union of Metalworkers of South Africa (NUMSA) obo Members v Transnet Soc Limited and Others (PA16/2016) [2018] ZALAC 3; [2018] 5 BLLR 488 (LAC) (25 January 2018)
The Labour Appeal Court dismissed NUMSA’s appeal over Transnet’s non-renewal of fixed-term contracts, finding no proper case for section 189A(13) relief.
Rustenburg Platinum Mines Limited (Rustenburg Section) v Monnapula (J5193/00) [2003] ZALC 78; [2003] 9 BLLR 909 (LC) (9 July 2003)
The court held that the referral to the CCMA by the 2nd to 17th respondents was valid as a joint referral, even though only the 1st respondent signed the form, because the details of all affected employees were attached and the referral was made in accordance with the directions on the prescribed form. The Commissioner had jurisdiction to conciliate the dispute. The certificate of non-resolution was properly issued, as the applicant's refusal to proceed with conciliation rendered the dispute unresolved. The delay of more than three months in bringing the review application was unreasonable an…
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