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South Africa Case Law

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Labour Law [2024] ZALAC 23

Sibanye Rustenburg Platinum Mine v Association of Mineworkers and Construction Union obo Sono and Others (JA32/2022)

Sibanye Rustenburg Platinum Mine v Association of Mineworkers and Construction Union obo Sono and Others (JA32/2022) [2024] ZALAC 23; (2024) 45 ILJ 1623 (LAC) (2 May 2024)

The Labour Appeal Court held that the pre-arbitration minute confined the dispute to misconduct, not sanction, and restored the dismissal award.

  • Unfair Dismissal
  • Pre Arbitration Agreement
  • Sanction In Dismissal
  • Substantive Fairness
  • Disciplinary Procedure
  • Labour-law
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Labour Law [2024] ZALCJHB 10

AMCU obo Botsheleng v Maje N.O and Others (JR1403/16)

AMCU obo Botsheleng v Maje N.O and Others (JR1403/16) [2024] ZALCJHB 10 (9 January 2024)

The Labour Court dismissed a review of a CCMA award, holding that a pre-arbitration minute bound the parties and limited the issues the commissioner had to decide.

  • Unfair Dismissal
  • Review Of Arbitration Award
  • Pre Arbitration Agreement
  • Procedural Fairness
  • Substantive Fairness
  • Labour-law
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Labour Law [2023] ZALCJHB 324

MTamila v Samancor Western Chrome Mines and Others (J 1541/23)

MTamila v Samancor Western Chrome Mines and Others (J 1541/23) [2023] ZALCJHB 324 (23 November 2023)

The Labour Court dismissed an employee’s bid to set aside a CCMA pre-arbitration agreement and halt arbitration, finding no jurisdictional basis or proper review case.

  • Ccma Jurisdiction
  • Pre Arbitration Agreement
  • Review Of Arbitration Ruling
  • Lra Section 144
  • Motion Proceedings
  • Ccma-jurisdiction
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Labour Law [2013] ZALCJHB 153

Transnet Ltd v Transnet Bargaining Council and Others (JR 187/10)

Transnet Ltd v Transnet Bargaining Council and Others (JR 187/10) [2013] ZALCJHB 153 (30 April 2013)

Labour Court review of an unfair labour practice award. The court held the commissioner went beyond the pre-arbitration issues and set aside the award.

  • Unfair Labour Practice
  • Promotion Dispute
  • Arbitration Review
  • Pre Arbitration Agreement
  • Commissioner Powers
  • Labour-law
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.