South Africa Case Law

Transnet Freight Rail v Mashaba (DA17/2023)

Transnet Freight Rail v Mashaba (DA17/2023) [2024] ZALAC 58; (2025) 46 ILJ 1139 (LAC) (18 November 2024)

Court

Labour Appeal Court

Case number

DA17/2023

Judges

Savage ADJP, Van Niekerk JA, Govindjee AJA

The Labour Appeal Court held that the direction issued under clause 11.2.4 of the Practice Manual did not constitute a court order setting aside the arbitrator's award. The direction merely required the appellant to indicate whether it objected to remittal for a de novo hearing, but no formal order was made to set aside the award or remit the matter. As a result, the arbitrator's ruling remained extant, and there was no legal basis for reviving the first respondent's contract of employment or awarding arrear salary. The Labour Court erred in treating the direction as dispositive of the review…

Source excerpt

• Review Of Arbitration Award
• Practice Manual Directives
• Remittal Of Dispute
• Arrear Salary Claim
• Reinstatement
• Administrative Action

Sibanyoni v Trans-Africa Projects (Pty) Ltd (J385/16)

Sibanyoni v Trans-Africa Projects (Pty) Ltd (J385/16) [2018] ZALCJHB 130 (13 March 2018)

Court

Labour Court Johannesburg

Case number

J385/16

Judge

GN Moshoana

The court found that both directives issued by judges in chambers regarding re-enrolment were not compliant with the enabling rules and lacked legal consequence. The applicant's explanation for non-appearance was reasonable and acceptable, as the notice of set down was sent to her former attorneys and not to her directly, and there was no evidence she received notification from the respondent. The court held that prospects of success play a minimal role at the stage of re-enrolment; the applicant must be afforded the opportunity to ventilate her condonation application in open court in line w…

Source excerpt

• Practice Manual Directives
• Striking Off The Roll
• Re Enrolment Procedure
• Section 34 Constitution
• Adequate Explanation For Default

NUM obo Magagula v Commission for Conciliation, Mediation and Arbitration and Others (JR555/14)

NUM obo Magagula v Commission for Conciliation, Mediation and Arbitration and Others (JR555/14) [2016] ZALCJHB 331 (26 August 2016)

Court

Labour Court Johannesburg

Case number

JR555/14

Judge

Molahlehi

The Labour Court rescinded an order remitting a review to the CCMA, holding it was made in chambers without notice to the affected respondent.

• Rescission Of Order
• Review Proceedings
• Practice Manual Directives
• Incomplete Record
• Remittal To Ccma
• Rescission-of-order