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Harmse NO and Another v Mphahlele (J1326/22) [2024] ZALCJHB 490; (2025) 46 ILJ 612 (LC) (2 December 2024)
Labour Court confirmed a contempt finding against a union representative and suspended his right to represent parties in the CCMA and bargaining councils for four months.
Kroon and Another v Rens and Another (1331/2011) [2012] ZAECGHC 49 (14 June 2012)
The court found that the arbitrator, Rens, failed to disclose his prior advisory relationship with Hawkins, which created a reasonable apprehension of bias in the eyes of the applicants. This omission constituted misconduct under section 33(1) of the Arbitration Act. Additionally, Rens' amendments to the award after becoming functus officio and his decision to ignore the express terms of the contract in favour of an arbitrary method further supported the applicants' grounds for review. The court held that the statutory requirements for setting aside the award were met and that the applicants'…
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Gallo Africa Limited v Seedat N.O (JR 846 /02) [2004] ZALC 8 (12 February 2004)
The Labour Court dismissed a review of an arbitration award, holding that the arbitrator applied the correct balance-of-probabilities test and considered the evidence.
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