South Africa Case Law

Lesira Manufacturing (Pty) Ltd v Schulz and Others (JR409/2021; J2156/19)

Lesira Manufacturing (Pty) Ltd v Schulz and Others (JR409/2021; J2156/19) [2025] ZALCJHB 61 (20 February 2025)

Court

Labour Court Johannesburg

Case number

JR409/2021; J2156/19

Judge

N L Dandadzi

The court found that the applicant's review/counter application under J2156/19 was validly withdrawn and, in any event, had lapsed under the Labour Court Practice Manual due to inactivity. The condonation application for the late filing of the review under JR409/21 was dismissed because the applicant failed to provide a reasonable explanation for the delay and had no prospects of success. The grounds for review advanced by the applicant did not meet the strict requirements of section 33 of the Arbitration Act, as they related to the merits of the arbitrator's decision and not to misconduct, g…

Source excerpt

• Private Arbitration Review
• Condonation For Late Filing
• Making Arbitration Award Order Of Court
• Gross Irregularity
• Misconduct By Arbitrator
• Costs Award

Petersen v Commission for Conciliation, Mediation and Arbitration and Others.rtf (JR1316/22)

Petersen v Commission for Conciliation, Mediation and Arbitration and Others.rtf (JR1316/22) [2024] ZALCJHB 251 (28 May 2024)

Court

Labour Court Johannesburg

Case number

JR1316/22

Judge

S Snyman

The Labour Court refused condonation for a late-record review of a CCMA award, finding no adequate explanation for delay and no prospects of success.

• Condonation
• Review Of Arbitration Award
• Dismissal During Probation
• Practice Manual Non Compliance
• Misconduct By Arbitrator
• Labour-law

Tubatse Chrome (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others (JR 808/16)

Tubatse Chrome (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others (JR 808/16) [2018] ZALCJHB 360 (6 November 2018)

Court

Labour Court Johannesburg

Case number

JR 808/16

Judge

Z Lallie

The Labour Court set aside a bargaining council award because the arbitrator interpreted a collective agreement without any factual matrix or agreed facts.

• Collective Agreement Interpretation
• Arbitration Review
• Procedural Fairness
• Misconduct By Arbitrator
• Labour-law
• Arbitration-review

Bloem Water Board v Nthako NO and Others (JA83/2016)

Bloem Water Board v Nthako NO and Others (JA83/2016) [2017] ZALAC 42; (2017) 38 ILJ 2470 (LAC); [2017] 11 BLLR 1073 (LAC) (28 June 2017)

Court

Labour Appeal Court

Case number

JA83/2016

Judges

Tlaletsi, Landman, Phatshoane

The Labour Appeal Court held that although internal remedies should generally be exhausted and piecemeal reviews avoided, the Labour Court may intervene in ongoing proceedings where the interests of justice and exceptional circumstances warrant it. In this case, the arbitrator's habitual lateness and failure to communicate led the appellant's representatives to leave the arbitration venue. The arbitrator's finding that the appellant abandoned the arbitration was not supported by the facts or the law on waiver. The Labour Court erred in refusing condonation for the late review application, as…

Source excerpt

• Condonation
• Review Of Arbitration Award
• Misconduct By Arbitrator
• Waiver
• Internal Remedies

Premier Foods (Pty) Ltd (Nelspruit) v Commission for Conciliation, Meditation and Arbitration and Others (JR2103/12)

Premier Foods (Pty) Ltd (Nelspruit) v Commission for Conciliation, Meditation and Arbitration and Others (JR2103/12) [2016] ZALCJHB 426; (2017) 38 ILJ 658 (LC) (8 November 2016)

Court

Labour Court Johannesburg

Case number

JR2103/12

Judge

S Snyman

The arbitrator's conduct during the conciliation phase of the con/arb proceedings was improper and constituted misconduct. By expressing views on the merits and prospects of success, the arbitrator prejudged the matter and compromised his impartiality. The refusal to properly entertain the recusal application further deprived the applicant of a fair hearing. These actions vitiated the arbitration proceedings and rendered the award a nullity. The Labour Court, exercising its supervisory function, found that the applicant did not receive a lawful, reasonable, and procedurally fair hearing. Acco…

Source excerpt

• Arbitration Review
• Recusal Of Commissioner
• Procedural Fairness
• Misconduct By Arbitrator
• Unfair Dismissal

Gordon v JP Morgan Equities SA (Pty) Ltd and Others (C514/2014)

Gordon v JP Morgan Equities SA (Pty) Ltd and Others (C514/2014) [2016] ZALCCT 11; [2018] 1 BLLR 39 (LC) (31 March 2016)

Court

Labour Court Cape Town

Case number

C514/2014

Judge

Anton J Steenkamp

Condonation was granted for late filing of the review record and supplementary affidavit, in view of the mixed delay explanation and arguable review grounds.

• Condonation
• Review Of Arbitration Award
• Unfair Dismissal
• Natural Justice
• Cross Examination
• Misconduct By Arbitrator

Mkhize v Antrobus SC and Another (JR1342/12)

Mkhize v Antrobus SC and Another (JR1342/12) [2015] ZALCJHB 398 (13 November 2015)

Court

Labour Court Johannesburg

Case number

JR1342/12

Judge

AC Basson

Labour Court review of a private arbitration award dismissed. The court held the applicant showed no reviewable misconduct, gross irregularity, or excess of powers.

• Arbitration Act Section 33
• Review Of Private Arbitration
• Procedural Fairness
• Gross Irregularity
• Misconduct By Arbitrator
• Disciplinary Dismissal

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

Primedia Outdoor (Pty) Ltd v Thlotlhalemaje NO and Others (JR2166/11)

Primedia Outdoor (Pty) Ltd v Thlotlhalemaje NO and Others (JR2166/11) [2013] ZALCJHB 330 (8 November 2013)

Court

Labour Court Johannesburg

Case number

JR2166/11

Judge

R Lagrange

The Labour Court reviewed and set aside an arbitration award after finding the commissioner relied on material not properly before him and ignored relevant evidence.

• Review Of Arbitration Award
• Misconduct By Arbitrator
• Relevance Of Evidence
• Remittal For Rehearing
• Labour-law
• Ccma-review

NUM obo Matlakaselo v Gildenguys NO and Others (JR 1731/11)

NUM obo Matlakaselo v Gildenguys NO and Others (JR 1731/11) [2013] ZALCJHB 253 (10 October 2013)

Court

Labour Court Johannesburg

Case number

JR 1731/11

Judge

Fourie

The Labour Court dismissed a review of a private arbitration award, holding that the applicant failed to plead or prove any reviewable irregularity under the Arbitration Act.

• Review Of Arbitration Award
• Gross Irregularity
• Misconduct By Arbitrator
• Substantive Fairness Of Dismissal
• Review-of-arbitration-award
• Gross-irregularity