South Africa Case Law

South African Clothing and Textile Workers Union (SACTWU) v House of Cleaning (Variation) (JS 78/22)

South African Clothing and Textile Workers Union (SACTWU) v House of Cleaning (Variation) (JS 78/22) [2025] ZALCJHB 253 (26 June 2025)

Court

Labour Court Johannesburg

Case number

JS 78/22

Judge

W Kruger

The Labour Court refused condonation for the respondent’s late statement of response, finding its reliance on clause 16 of the Practice Manual was not a reasonable explanation.

• Condonation
• Late Filing
• Practice Manual
• Unprotected Strike
• Procedural Fairness
• Late-filing

South African Municipal Workers Union obo Mahlangu and Others v City of Tshwane Metropolitan Municipality (Application for Leave to Appeal (JS211/2024)

South African Municipal Workers Union obo Mahlangu and Others v City of Tshwane Metropolitan Municipality (Application for Leave to Appeal (JS211/2024) [2025] ZALCJHB 205 (26 May 2025)

Court

Labour Court Johannesburg

Case number

JS 211/2024

Judge

Prinsloo

The Labour Court refused leave to appeal, finding no reasonable prospect of a different outcome and no novel dispute on the law.

• Leave To Appeal
• Condonation
• Labour Court Rules
• Practice Manual
• Reasonable Prospects Of Success
• Leave-to-appeal

Baloyi v Omega Risk Solutions (Pty) Ltd and Others (JS207/22)

Baloyi v Omega Risk Solutions (Pty) Ltd and Others (JS207/22) [2025] ZALCJHB 271 (7 May 2025)

Court

Labour Court Johannesburg

Case number

JS207/22

Judge

M T M Phehane

The Labour Court refused to reinstate a lapsed unfair dismissal referral, finding the nearly two-year delay unexplained and condonation unwarranted.

• Condonation
• Revival Of Lapsed Referral
• Unfair Dismissal
• Practice Manual
• Expeditious Dispute Resolution
• Revival-of-lapsed-referral

South African Commercial Catering and Another v Commission for Conciliation Mediation and Others (JR327/21)

South African Commercial Catering and Another v Commission for Conciliation Mediation and Others (JR327/21) [2024] ZALCJHB 267 (19 July 2024)

Court

Labour Court Johannesburg

Case number

JR327/21

Judge

RN Daniels

The Labour Court dismissed an application to reinstate a review deemed withdrawn under the Practice Manual because the applicant gave no explanation for delay or prospects of success.

• Condonation
• Practice Manual
• Reinstatement Of Review
• Unfair Dismissal
• Practice-manual
• Reinstatement-of-review

Magazi and Others v Mobile Telephone Networks (Pty) Ltd - Application For Leave To Appeal (JS696/19)

Magazi and Others v Mobile Telephone Networks (Pty) Ltd - Application For Leave To Appeal (JS696/19) [2024] ZALCJHB 252 (21 June 2024)

Court

Labour Court Johannesburg

Case number

JS696/19

Judge

M Makhura

The Labour Court refused leave to appeal over a dismissed retrieval application, finding no reasonable prospects of success and no basis to revisit jurisdiction.

• Unfair Dismissal
• Jurisdiction Of Labour Court
• Delay In Prosecution
• Leave To Appeal
• Practice Manual
• Ccma Referral

Maremane v Polokwane Local Municipality and Others (JR2368/22)

Maremane v Polokwane Local Municipality and Others (JR2368/22) [2024] ZALCJHB 161 (12 April 2024)

Court

Labour Court Johannesburg

Case number

JR2368/22

Judge

R Daniels

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no adequate explanation for the delay in filing the record.

• Leave To Appeal
• Condonation
• Practice Manual
• Review Application
• Hearsay Evidence
• Arbitration Procedure

Gauteng Department of Health v Sjolund A (JR246/16)

Gauteng Department of Health v Sjolund A (JR246/16) [2024] ZALCJHB 27 (7 February 2024)

Court

Labour Court Johannesburg

Case number

JR246/16

Judge

Norton

The Department failed to provide a satisfactory explanation for the four-year delay in prosecuting the review application, and their reasons—COVID-19 and attorney negligence—were not accepted. The Department neglected its responsibility to pursue its own case, despite clear indications from the union of intent to execute the award. The prospects of success for the Department were found to be weak, as the charges related to misconduct during an unprotected strike, not participation in the strike, making the Bargaining Council the correct forum. Given the inordinate and largely unexplained dela…

Source excerpt

• Unprotected Strike
• Jurisdiction Of Bargaining Council
• Condonation
• Practice Manual
• Unfair Dismissal

Kriel v Department of Public Works and Roads, North West and Others (J 748/23)

Kriel v Department of Public Works and Roads, North West and Others (J 748/23) [2023] ZALCJHB 332 (22 November 2023)

Court

Labour Court Johannesburg

Case number

J 748/23

Judge

Norton

The court found that the Respondents failed to comply with a certified arbitration award requiring the Applicant's grade progression. The Second Respondent's explanations regarding departmental turnover and lack of personal involvement did not constitute a valid defence. The review application was never prosecuted, and no meaningful justification was provided for the prolonged non-compliance. The court held that the elements of contempt were satisfied, and the Respondents' conduct was prejudicial to the Applicant. The Second Respondent was found guilty of contempt, fined, and the fine was sus…

Source excerpt

• Contempt Of Court
• Arbitration Award Enforcement
• Grade Progression
• Practice Manual
• Costs Order

Digital Experience (Pty) Ltd v Veira and Others (JR 2167/19)

Digital Experience (Pty) Ltd v Veira and Others (JR 2167/19) [2023] ZALCJHB 335 (1 November 2023)

Court

Labour Court Johannesburg

Case number

JR 2167/19

Judge

Motshegare

The applicant failed to provide a full and reasonable explanation for the inordinate delay in filing the record and prosecuting the review application. The explanation offered was speculative, based on assumptions, and did not cover the entire period of delay. The applicant, as dominus litis, did not take the court into its confidence regarding the steps taken to progress the matter. In the absence of a reasonable and acceptable explanation, prospects of success and prejudice are immaterial. The interests of justice do not favour the reinstatement of the review application or the granting of…

Source excerpt

• Condonation
• Practice Manual
• Deemed Withdrawal
• Late Filing Of Record
• Reinstatement Of Review
• Section 145 Lra

Tunzi v Commission for Conciliation, Mediation and Arbitration and Others (JR158/22)

Tunzi v Commission for Conciliation, Mediation and Arbitration and Others (JR158/22) [2023] ZALCJHB 262 (12 September 2023)

Court

Labour Court Johannesburg

Case number

JR158/22

Judge

B M Sono

The court found that the Second Respondent failed to properly consider the applicant's explanation for the delay, particularly the involvement of the trade union and the ongoing matter at the Bargaining Council. The Second Respondent also erred by not considering the absence of opposition from the Third Respondent and by making unsupported conclusions regarding prejudice and prospects of success. The Second Respondent misconstrued his duties by postulating the Third Respondent's case in their absence and failing to invite the parties to a face-to-face hearing. The court held that these failur…

Source excerpt

• Condonation
• Unfair Dismissal
• Review Of Arbitration Award
• Practice Manual
• Prospects Of Success