South Africa Case Law

Fraser Alexander (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR710/21)

Fraser Alexander (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR710/21) [2025] ZALCJHB 110 (14 March 2025)

Court

Labour Court Johannesburg

Case number

JR710/21

Judge

Adams

The court found that the commissioner committed misconduct and a gross irregularity by permitting the third respondent’s legal representative to be present during the conciliation phase, contrary to the peremptory provisions of section 135(4) of the Labour Relations Act and Rule 25(1)(a) of the CCMA Rules. Furthermore, the commissioner failed to exercise his discretion judicially when allowing legal representation for the third respondent during arbitration without a formal application or proper consideration of the Rule 25 criteria. Critically, the applicant, represented by a layperson, was…

Source excerpt

• Legal Representation In Ccma
• Procedural Fairness
• Gross Irregularity
• Misconduct By Commissioner
• Arbitration Review
• Remittal For De Novo Arbitration

Labournet Central (Pty) Ltd v Jansen Van Vuuren NO and Others (JR1312/11)

Labournet Central (Pty) Ltd v Jansen Van Vuuren NO and Others (JR1312/11) [2015] ZALCJHB 315 (15 September 2015)

Court

Labour Court Johannesburg

Case number

JR1312/11

Judge

Voyi

The court found that the commissioner committed misconduct by failing to conduct the arbitration proceedings impartially and by depriving the applicant of a fair hearing. The transcript revealed repeated instances of unwarranted interference, aggressive cross-examination, and remarks that sustained a reasonable apprehension of bias. The commissioner’s conduct overstepped the boundaries of fair procedure and justified the applicant’s apprehension of bias. This defect contaminated the entire proceedings and the quality of the evidence presented. The court held that such misconduct is sufficient…

Source excerpt

• Unfair Dismissal
• Reasonable Apprehension Of Bias
• Arbitration Review
• Misconduct By Commissioner
• Remittal For De Novo Arbitration

Lippert and Another v Commission for Conciliation Mediation And Arbitration and Others (C1032/2012)

Lippert and Another v Commission for Conciliation Mediation And Arbitration and Others (C1032/2012) [2014] ZALCCT 42 (31 July 2014)

Court

Labour Court Cape Town

Case number

C1032/2012

Judge

Rabkin-Naicker

The Labour Court reviewed and set aside a CCMA award after finding the commissioner wrongly refused legal representation and caused procedural unfairness.

• Review Of Arbitration Award
• Legal Representation In Ccma
• Procedural Fairness
• Gross Irregularity
• Misconduct By Commissioner
• Legal-representation-in-ccma

Mogale City Local Municipality v South African Local Government Bargaining Council and Others (JR1966/08)

Mogale City Local Municipality v South African Local Government Bargaining Council and Others (JR1966/08) [2010] ZALC 233 (1 October 2010)

Court

Labour Court

Case number

JR1966/08

Judge

Bhoola

The Labour Court reviewed a commissioner’s refusal to rescind a default arbitration award, finding the ruling confused, unsupported by evidence, and reviewable.

• Rescission Of Arbitration Award
• Condonation For Late Filing
• Misconduct By Commissioner
• Proof Of Service
• Review Of Arbitration Ruling
• Labour-law

Masstores (Pty) Ltd t/a Builders Warehouse v CCMA and Others (JR412/04)

Masstores (Pty) Ltd t/a Builders Warehouse v CCMA and Others (JR412/04) [2006] ZALC 32; [2006] 6 BLLR 577 (LC); (2006) 27 ILJ 1182 (LC) (31 January 2006)

Court

Labour Court

Case number

JR412/04

Judge

Cele AJ

The Labour Court reviewed and set aside a CCMA award after finding the commissioner mishandled a postponement request and failed to hear the applicant fully.

• Review Of Arbitration Award
• Postponement Of Proceedings
• Gross Irregularity
• Misconduct By Commissioner
• Unfair Dismissal
• Review-of-arbitration-award

Masstores (Pty) Ltd t/a Builders Warehouse v CCMA and Others (JR412/04)

Masstores (Pty) Ltd t/a Builders Warehouse v CCMA and Others (JR412/04) [2006] ZALCJHB 27 (31 January 2006)

Court

Labour Court Johannesburg

Case number

JR412/04

Judge

Cele AJ

Labour Court review of a CCMA award was granted after the commissioner refused a postponement, closed the employer’s case, and acted with procedural irregularity.

• Review Of Arbitration Award
• Gross Irregularity
• Misconduct By Commissioner
• Postponement Of Proceedings
• Ccma-review
• Gross-irregularity

Rainbow Drivers & Crews (Pty) Ltd v Commission of Conciliation Mediation and Arbitration (JR 531/01)

Rainbow Drivers & Crews (Pty) Ltd v Commission of Conciliation Mediation and Arbitration (JR 531/01) [2003] ZALC 19; - (31 January 2003)

Court

Labour Court

Case number

JR 531/01

Judge

Pillemer

Labour Court review dismissed: the applicant failed to prove commissioner misconduct or a reviewable irregularity in the CCMA arbitration.

• Unfair Dismissal
• Arbitration Review
• Procedural Fairness
• Misconduct By Commissioner
• Arbitration-review
• Commissioner-misconduct

Zulu and Others v CCMA and Others (D317/98)

Zulu and Others v CCMA and Others (D317/98) [2000] ZALC 61 (30 June 2000)

Court

Labour Court

Case number

D317/98

Judge

G.O. Van Niekerk

The Labour Court dismissed a review of a CCMA arbitration award, holding the complaints were really appeal grounds and did not show reviewable irregularity.

• Review Of Arbitration Award
• Gross Irregularity
• Misconduct By Commissioner
• Bias In Arbitration
• Section 145 Lra
• Labour-law