South Africa Case Law

Mopani Civils (Pty) Ltd v Le Roux NO and Others (Application for Leave to Appeal) (JR362/23)

Mopani Civils (Pty) Ltd v Le Roux NO and Others (Application for Leave to Appeal) (JR362/23) [2025] ZALCJHB 138 (12 March 2025)

Court

Labour Court Johannesburg

Case number

JR362/23

Judge

M Makhura

The Labour Court dismissed Mopani Civils’ unopposed application for leave to appeal, finding no reasonable prospect of success and no other compelling reason to hear it.

• Leave To Appeal
• Review Of Arbitration Award
• Test For Reasonableness
• Postponement Of Arbitration
• Uncontested Evidence
• Leave-to-appeal

Mopani Civils v Le Roux and Others (JR362/23)

Mopani Civils v Le Roux and Others (JR362/23) [2024] ZALCJHB 504 (11 December 2024)

Court

Labour Court Johannesburg

Case number

JR362/23

Judge

M Makhura

The Labour Court dismissed Mopani Civils’ review of an arbitration award finding an unfair dismissal and awarding four months’ compensation.

• Unfair Dismissal
• Review Of Arbitration Award
• Compensation
• Postponement Of Arbitration
• Jurisdiction Of Bargaining Council
• Unfair-dismissal

MTN (Proprietary) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR 1758/2021)

MTN (Proprietary) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR 1758/2021) [2024] ZALCJHB 548 (9 September 2024)

Court

Labour Court Johannesburg

Case number

JR 1758/2021

Judge

Mokose AJ

The court found that the commissioner exercised his discretion judicially in refusing the postponement request, considering the applicant's resources and the absence of a plausible explanation for non-attendance. The applicant failed to provide confirmatory affidavits supporting its claims of illness, and the sick note alone did not entitle it to a postponement. The commissioner correctly considered the history of postponements and the need for expeditious resolution. On rescission, the applicant did not demonstrate that its default was not wilful or that it had reasonable prospects of succes…

Source excerpt

• Constructive Dismissal
• Review Of Arbitration Award
• Condonation
• Postponement Of Arbitration
• Rescission Of Award

Maeta v Bidvest Services (Pty) Ltd and Others (JR352/21)

Maeta v Bidvest Services (Pty) Ltd and Others (JR352/21) [2024] ZALCJHB 237; [2024] 11 BLLR 1155 (LC); (2024) 45 ILJ 2587 (LC) (4 June 2024)

Court

Labour Court Johannesburg

Case number

JR352/21

Judge

M Makhura

The Labour Court reviewed a refusal to postpone a section 188A inquiry, finding late disclosure and inadequate preparation time made the process unfair.

• Postponement Of Arbitration
• Unfair Dismissal
• Section 188a Inquiry
• Procedural Fairness
• Review Of Arbitration Award
• Postponement-of-arbitration

Diedricks v Expert-Tech (PTY) Ltd and Others (PR 168/20)

Diedricks v Expert-Tech (PTY) Ltd and Others (PR 168/20) [2022] ZALCPE 31 (31 October 2022)

Court

Labour Court Port Elizabeth

Case number

PR 168/20

Judge

Z Lallie

Labour Court review of a CCMA ruling set aside a dismissal after the commissioner failed to consider a postponement application before proceeding.

• Review Of Arbitration Award
• Postponement Of Arbitration
• Gross Irregularity
• Commissioner Misconduct
• Ccma Rules
• Section 145 Lra

Member of the Executive Council for the Department of Public Works and Infrustructure, Eastern Cape v General Public Service Sectoral Bargaining Council and Others (PR25/21)

Member of the Executive Council for the Department of Public Works and Infrustructure, Eastern Cape v General Public Service Sectoral Bargaining Council and Others (PR25/21) [2022] ZALCPE 22 (26 August 2022)

Court

Labour Court Port Elizabeth

Case number

PR25/21

Judge

Z Lallie

The court found that the arbitrator committed gross irregularities in refusing the postponement application, failing to properly consider the applicant's explanation and the impact of the Covid-19 pandemic. The arbitrator's decision to proceed with the arbitration in the absence of the applicant was unreasonable and violated the applicant's constitutional right to fair administrative action. The court held that the review application was properly before it and that the distinction between reviews and appeals must be maintained. The refusal to postpone and the subsequent arbitration award were…

Source excerpt

• Unfair Dismissal
• Postponement Of Arbitration
• Gross Irregularity
• Review Of Arbitration Award
• Procedural Fairness

AMCU obo Yengaphi v Christie (NO) and Others (C738/2017)

AMCU obo Yengaphi v Christie (NO) and Others (C738/2017) [2021] ZALCCT 49 (30 July 2021)

Court

Labour Court Cape Town

Case number

C738/2017

Judge

Lagrange

The Labour Court set aside an arbitration award after finding that refusal to postpone, when the employee’s union representative could not attend, denied a fair hearing.

• Postponement Of Arbitration
• Reviewable Irregularity
• Unfair Dismissal
• Condonation Of Late Filing
• Labour-law
• Arbitration-postponement

Zistics Transport CC v DUSWO and Others (JR 78/18)

Zistics Transport CC v DUSWO and Others (JR 78/18) [2020] ZALCJHB 220 (7 May 2020)

Court

Labour Court Johannesburg

Case number

JR 78/18

Judge

G N Moshoana

Labour Court review dismissed after finding the Bargaining Council had jurisdiction, the employees were dismissed, and the award was reasonable.

• Unfair Dismissal
• Jurisdiction Of Bargaining Council
• Procedural Fairness
• Substantive Fairness
• Postponement Of Arbitration
• Onus Of Proof

Minister of Justice and Correctional Services and Others v Sibika and Others (C214/17)

Minister of Justice and Correctional Services and Others v Sibika and Others (C214/17) [2019] ZALCCT 27 (11 October 2019)

Court

Labour Court Cape Town

Case number

C214/17

Judge

Rabkin-Naicker

The court found that the applicant was properly notified of the arbitration proceedings through multiple means and that the arbitrator had already granted a prior postponement. The arbitrator considered the interests of both parties, the seriousness of the charges, and the need for finality and expeditious resolution of labour disputes. The refusal to postpone was a proper exercise of discretion and not susceptible to review. The default award was not reviewable on the merits after the rescission application was refused, and the applicant's failure to challenge the rescission ruling precluded…

Source excerpt

• Postponement Of Arbitration
• Default Award Review
• Rescission Application
• Unfair Dismissal
• Arbitrator Discretion

Bytes Managed Solutions (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2212/16)

Bytes Managed Solutions (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2212/16) [2019] ZALCJHB 203 (19 August 2019)

Court

Labour Court Johannesburg

Case number

JR2212/16

Judge

Lagrange

The court found that the arbitrator committed a gross irregularity by refusing the applicant a reasonable postponement to obtain legal representation, which the applicant was entitled to under the CCMA Rules. Although the applicant's substantive case was not strong, the denial of a fair hearing warranted setting aside the arbitration award. The court also noted that the arbitrator failed to consider whether an appropriate cost award could have remedied any inconvenience caused by the postponement. The matter was remitted for rehearing before a different commissioner.

Source excerpt

• Retrenchment Procedure
• Procedural Fairness
• Legal Representation At Arbitration
• Postponement Of Arbitration
• Compensation Award