South Africa Case Law

Gauteng Department of Education v Education Labour Relations Council and Others (JR1863/2022)

Gauteng Department of Education v Education Labour Relations Council and Others (JR1863/2022) [2025] ZALCJHB 341 (5 August 2025)

Court

Labour Court Johannesburg

Case number

JR1863/2022

Judge

M Naidoo

The Labour Court dismissed an application to reinstate a lapsed review, finding the delay excessive, poorly explained, and fatal despite any prospects of success.

• Condonation
• Practice Manual Non Compliance
• Review Application Delay
• Prospects Of Success
• Prejudice
• Interest Of Justice

MEC for Public Works: North West Province and Another v Public Service Coordinating Bargaining Council and Others (JR430/18)

MEC for Public Works: North West Province and Another v Public Service Coordinating Bargaining Council and Others (JR430/18) [2025] ZALCJHB 54 (4 February 2025)

Court

Labour Court Johannesburg

Case number

JR430/18

Judge

Daniels

The applicant failed to comply with clause 11.2.7 of the Labour Court Practice Manual by not filing the necessary papers or requesting enrolment within the prescribed period. No explanation was provided for the default or for the lengthy delay in bringing the application to reinstate. The applicant's assertion of prospects of success was unsubstantiated and did not meet the required threshold. Established legal principles dictate that, in the absence of a reasonable explanation for the delay, prospects of success and the importance of the matter are irrelevant. The applicant failed to demonst…

Source excerpt

• Condonation
• Practice Manual Non Compliance
• Review Application Reinstatement
• Prospects Of Success
• Interests Of Justice

Mahabo and Others v South African Local Government Bargaining Council (SALGBC) and Others (JR70/19)

Mahabo and Others v South African Local Government Bargaining Council (SALGBC) and Others (JR70/19) [2024] ZALCJHB 389 (25 September 2024)

Court

Labour Court Johannesburg

Case number

JR70/19

Judge

Myburgh, AJ

The Labour Court dismissed a review after finding an 18-month condonation delay unexplained and the review itself left dormant for over 2½ years.

• Condonation
• Unfair Dismissal
• Review Of Arbitration Award
• Rule 11 Application
• Practice Manual Non Compliance
• Unfair-dismissal

Bergmann v Bergmann and Another (2022/042484)

Bergmann v Bergmann and Another (2022/042484) [2024] ZAGPJHC 854 (29 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/042484

Judge

WJ du Plessis

The High Court struck the application from the roll because the applicant failed to comply with court rules and the practice manual, and ordered costs on scale A.

• Close Corporations Act
• Removal Of Member
• Practice Manual Non Compliance
• Costs Order
• Practice-manual-non-compliance
• Costs-order

Petersen v Commission for Conciliation, Mediation and Arbitration and Others.rtf (JR1316/22)

Petersen v Commission for Conciliation, Mediation and Arbitration and Others.rtf (JR1316/22) [2024] ZALCJHB 251 (28 May 2024)

Court

Labour Court Johannesburg

Case number

JR1316/22

Judge

S Snyman

The Labour Court refused condonation for a late-record review of a CCMA award, finding no adequate explanation for delay and no prospects of success.

• Condonation
• Review Of Arbitration Award
• Dismissal During Probation
• Practice Manual Non Compliance
• Misconduct By Arbitrator
• Labour-law

Abrahams v van Wyk N.O and Others (PR40-23)

Abrahams v van Wyk N.O and Others (PR40-23) [2024] ZALCPE 15 (25 April 2024)

Court

Labour Court Port Elizabeth

Case number

PR40-23

Judge

Daniels

The Labour Court dismissed an application to reinstate a review deemed withdrawn for late filing, finding no proper explanation and no prospects of success.

• Practice Manual Non Compliance
• Condonation
• Review Of Arbitration Award
• Mandatory Vaccination Policy
• Gross Dishonesty
• Occupational Health And Safety

Mbatha v Motsoeneng and Others (JR701/20)

Mbatha v Motsoeneng and Others (JR701/20) [2024] ZALCJHB 110 (5 March 2024)

Court

Labour Court Johannesburg

Case number

JR701/20

Judge

M. T. M. Phehane

The Labour Court struck the review application off the roll for lack of jurisdiction because required filings and condonation were not delivered.

• Unfair Labour Practice
• Review Of Arbitration Award
• Practice Manual Non Compliance
• Condonation Application
• Jurisdiction
• Costs Order

Stilhoek Boerderey (Pty) Ltd v Botha and Others (JR 1785/19)

Stilhoek Boerderey (Pty) Ltd v Botha and Others (JR 1785/19) [2023] ZALCJHB 34 (1 March 2023)

Court

Labour Court Johannesburg

Case number

JR 1785/19

Judge

GN Moshoana

The Labour Court dismissed a reinstatement application for a lapsed review, finding no adequate explanation for a two-year delay and awarding costs against the applicant.

• Condonation
• Practice Manual Non Compliance
• Section 158 1 C Application
• Costs Award
• Review Application Lapsed
• Labour-court-review

Bayat v MEC, Department of Health - Kwazulu-Natal Public Health and Social Development and Others (D 2278/18)

Bayat v MEC, Department of Health - Kwazulu-Natal Public Health and Social Development and Others (D 2278/18) [2021] ZALCD 54 (4 August 2021)

Court

Labour Court Durban

Case number

D 2278/18

Judge

N Govender

Labour Court condonation and reinstatement application dismissed after the applicant failed to explain a long delay in filing the review record.

• Condonation
• Practice Manual Non Compliance
• Review Application Reinstatement
• Unfair Dismissal
• Prospects Of Success
• Labour-court-review

Truter v Travelstart Online Travel Operations (Pty) Ltd (C811/2016)

Truter v Travelstart Online Travel Operations (Pty) Ltd (C811/2016) [2020] ZALCCT 23 (4 September 2020)

Court

Labour Court Cape Town

Case number

C811/2016

Judge

Lagrange

The Labour Court held that an application to retrieve an archived referral was barred by res judicata because condonation for the delay had already been refused.

• Res Judicata
• Condonation
• Practice Manual Non Compliance
• Retrieval Of Archived Referral
• Res-judicata
• Archived-referral