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South Africa decisions
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Unilever Field Services v Shibambu and Others (JR22/2013) [2025] ZALCJHB 44 (12 February 2025)
The Labour Court held that the review application had been archived and deemed withdrawn under the Practice Manual, leaving no jurisdiction to hear it.
Minister of Women v Mahapa and Another (JR72/2020) [2024] ZALCJHB 12 (16 January 2024)
The Labour Court held that a review application brought by the State as employer under section 158(1)(h) of the LRA is a legality review and not subject to the deeming provisions of the Labour Court Practice Manual. The Practice Manual does not apply to such legality reviews, and the application cannot be deemed withdrawn or archived due to delay in filing the record. The correct procedure for filing the record is governed by Rule 53 of the Uniform Rules of Court. The delay in filing the record was attributable to the presiding officer's failure to dispatch the record, and partial compliance…
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African Oxygen Limited v MECS Contract Filling and Manufacturing Sebenza (Pty) Ltd (2020/10012) [2023] ZAGPJHC 944 (24 August 2023)
The High Court postponed a matter to allow the respondent to oppose, but ordered the respondent to pay wasted costs on an attorney-and-own-client scale.
Dzuni Properties (Pty) t/a Wimpy Songozwi v SACCAWU obo Maimela and Others (JR 591-18) [2023] ZALCJHB 115 (26 April 2023)
The Labour Court dismissed a delayed review, enforced the arbitration award, and ordered reinstatement and costs after finding the employer failed to prosecute timeously.
Department Of Agriculture And Land Administration v GPSSBC and Others (JR 1689/2012) [2023] ZALCJHB 27 (23 February 2023)
The Labour Court exercised its discretion to unarchive the review application due to the unique circumstances and the interests of justice. The court found that the arbitration award issued by Commissioner Sibeko was reasonable and lawful, as the acting HOD accepted Mr Maisane's explanation regarding the alleged non-disclosure, and there was no valid reason for his dismissal. The applicant failed to provide evidence supporting the charges, and the commissioner correctly found that the dismissal was both procedurally and substantively unfair. The Labour Court held that the review application m…
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South African Municipal Workers Union (SAMWU) obo Tafu v Mogale City Local Municipality and Others (JR2959/12) [2016] ZALCJHB 66 (16 February 2016)
The court held that the Practice Manual, which came into effect on 2 April 2013, does not apply retrospectively to review applications filed before that date. Since the review application in question was filed on 11 December 2012, the applicant's reliance on clause 11.2 of the Practice Manual was misplaced. The explanation provided by the first respondent for the late filing of the answering affidavit was found to be flimsy and unreasonable, causing prejudice to the court. Consequently, the condonation application was dismissed. However, as the Practice Manual did not apply to the review appl…
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