South Africa Case Law

Director-General Office of the Premier, Western Cape and Another v NEHAWU obo Nobala and Thunzi and Another (C674/2016; C754/2017)

Director-General Office of the Premier, Western Cape and Another v NEHAWU obo Nobala and Thunzi and Another (C674/2016; C754/2017) [2025] ZALCCT 41 (3 July 2025)

Court

Labour Court Cape Town

Case number

C674/2016; C754/2017

Judge

A Oosthuizen

The Labour Court re-archived a long-dormant review after finding the applicants had not shown a satisfactory explanation for years of delay.

• Practice Manual Archiving
• Delay In Review
• Costs Order
• Settlement Dispute
• Labour-law
• Practice-manual

Groom v Dailmer Fleet Management and Others (JS1036/18)

Groom v Dailmer Fleet Management and Others (JS1036/18) [2025] ZALCJHB 127 (26 March 2025)

Court

Labour Court Johannesburg

Case number

JS1036/18

Judge

S. B. Radebe

The Labour Court revived an archived referral, finding good cause based on related litigation, the respondents’ conduct, and the applicant’s explanation for delay.

• Practice Manual Archiving
• Revival Of Proceedings
• Condonation
• Unfair Dismissal
• Specific Performance
• Breach Of Contract

Member of Executive Council, Social Development: Free State Province and Another v Van Schalkwyk and Others (D29/2020)

Member of Executive Council, Social Development: Free State Province and Another v Van Schalkwyk and Others (D29/2020) [2024] ZALCD 48 (27 November 2024)

Court

Labour Court Durban

Case number

D29/2020

Judge

K Allen-Yaman

The Labour Court dismissed an application to reinstate a lapsed review of a constructive dismissal award, finding no adequate explanation or prospects of success.

• Condonation For Late Filing
• Review Of Arbitration Award
• Constructive Dismissal
• Practice Manual Archiving
• Prospects Of Success
• Costs Order

Matolo v Commissioner For Conciliation Mediation and Arbitration and Others (JS1070/19)

Matolo v Commissioner For Conciliation Mediation and Arbitration and Others (JS1070/19) [2024] ZALCJHB 276 (25 July 2024)

Court

Labour Court Johannesburg

Case number

JS1070/19

Judge

Makhubele AJ

The Labour Court struck a review from the roll after finding the applications lapsed and were archived, with no record filed and Rule 7A non-compliance.

• Review Of Arbitration Award
• Practice Manual Archiving
• Jurisdiction Of Labour Court
• Rule 7a Non Compliance
• Costs Award
• Labour-review

Aspen Pharmacare Ltd v CEPPWAWU obo Tabata and Another (PR184/15)

Aspen Pharmacare Ltd v CEPPWAWU obo Tabata and Another (PR184/15) [2024] ZALCPE 16; (2024) 45 ILJ 2024 (LC) (14 May 2024)

Court

Labour Court Port Elizabeth

Case number

PR184/15

Judge

M Meyerowitz

The court found that archiving a review application under the Practice Manual does not invalidate a security bond issued under sections 145(7) & (8) of the Labour Relations Act. The review application is not finally dismissed by archiving alone; a Rule 11 application is required to achieve final dismissal. Therefore, the operation of the arbitration award remains suspended by the valid security bond until the review application is finally determined, either on the merits or through a Rule 11 application. The court held that Aspen's urgent application was justified, as substantial redress coul…

Source excerpt

• Review Of Arbitration Award
• Practice Manual Archiving
• Security Bond Under Lra
• Stay Of Execution
• Rule 11 Application

Johannesburg City Parks and Zoo v South African Municipal Workers Union and Another (JS277/17)

Johannesburg City Parks and Zoo v South African Municipal Workers Union and Another (JS277/17) [2024] ZALCJHB 178 (2 May 2024)

Court

Labour Court Johannesburg

Case number

JS277/17

Judge

R Itzkin

The referral by SAMWU and its members has been archived under paragraph 16 of the Practice Manual due to prolonged inactivity, which has the same legal effect as dismissal of the matter. The court is bound by Labour Appeal Court authority that archiving precludes further conduct in the matter unless an application for retrieval is brought and granted. As a result, the merits of the Rule 11 application to dismiss cannot be entertained, and the matter cannot proceed to trial. The appropriate relief is a declaratory order reflecting the archived status, not dismissal. No order as to costs is mad…

Source excerpt

• Practice Manual Archiving
• Rule 11 Application
• Rule 6 Referral
• Declaratory Order
• Jurisdiction
• Dismissal Of Referral

Rabalela and Others v General Electric Transportation (JS1027-19)

Rabalela and Others v General Electric Transportation (JS1027-19) [2024] ZALCJHB 72 (29 January 2024)

Court

Labour Court Johannesburg

Case number

JS1027-19

Judge

M. T. M. Phehane

The Labour Court held there was no record that the matter had been archived and ordered the parties to sign a pre-trial minute within seven days.

• Pre Trial Conference
• Practice Manual Archiving
• Labour Court Rules
• Labour-law
• Pre-trial-conference
• Practice-manual

NEHAWU obo Nkuna v South African Social Security Agency and Others (J 1516/2020)

NEHAWU obo Nkuna v South African Social Security Agency and Others (J 1516/2020) [2023] ZALCJHB 316 (9 November 2023)

Court

Labour Court Johannesburg

Case number

J 1516/2020

Judge

Tlhotlhalemaje

The Labour Court made an arbitration award an order of court after SASSA failed to prosecute its review, which had lapsed and been archived under the Practice Manual.

• Section 158 1 C Application
• Unfair Labour Practice
• Arbitration Award Enforcement
• Review Application Lapsed
• Practice Manual Archiving
• Section-158-1-c

Mabula v Knysna Municipality (C955/2015)

Mabula v Knysna Municipality (C955/2015) [2023] ZALCCT 52; [2023] 12 BLLR 1301 (LC) (24 August 2023)

Court

Labour Court Cape Town

Case number

C955/2015

Judge

Lagrange

The court found that the applicant's referral was automatically deemed withdrawn in November 2016 due to five years of inactivity, as per clause 16 of the Labour Court Practice Manual. The applicant failed to provide a satisfactory and specific explanation for the delay, relying on generalized claims of depression and fear without supporting evidence. The alleged occupational detriment was not substantiated, as no disciplinary action was ever instituted, only an investigation which was later abandoned. The interests of justice did not warrant reinstatement, given the prejudice to the responde…

Source excerpt

• Protected Disclosure Act
• Condonation
• Unfair Labour Practice
• Occupational Detriment
• Practice Manual Archiving
• Interest Of Justice

E Tradex (PTY) Ltd t/a Global Trade Solution v Finch and Others (CA 12/2021)

E Tradex (PTY) Ltd t/a Global Trade Solution v Finch and Others (CA 12/2021) [2022] ZALAC 106; (2022) 43 ILJ 2727 (LAC) (27 September 2022)

Court

Labour Appeal Court

Case number

CA 12/2021

Judges

Sutherland JA, Coppin JA, Kathree-Setiloane AJA

The Labour Court erred in treating the archiving of the review application as an administrative act rather than a change in legal status. Upon expiry of the twelve-month period without all necessary papers being filed and without written notification to the registrar, the case was automatically archived and lapsed. The registrar's act of setting the matter down did not resuscitate the case, as only the court has the power to revive an archived matter upon a proper application showing good cause. The reinstatement application filed by Mr Finch was perfunctory and failed to provide a substantiv…

Source excerpt

• Practice Manual Archiving
• Jurisdiction Of Labour Court
• Review Application
• Condonation
• Reinstatement Of Archived Case