South Africa Case Law

Alexkor Soc Limited and Another v Carstens (JA7/24)

Alexkor Soc Limited and Another v Carstens (JA7/24) [2025] ZALAC 28; (2025) 46 ILJ 1874 (LAC) (15 May 2025)

Court

Labour Appeal Court

Case number

JA7/24

Judges

Molahlehi JP, Savage ADJP, Van Niekerk JA

The Labour Appeal Court held that the Labour Court does not have jurisdiction to declare pre-arbitration minutes concluded under CCMA Rule 20 invalid, as such matters are internal to the CCMA and should be addressed within its processes. The Court affirmed that administrative decisions, including pre-arbitration minutes, remain valid and binding until set aside by a competent court on review. The appellants failed to pursue a review of the commissioner's ruling and instead sought a declaratory order, which the Labour Court correctly refused. The Court further found that the delays in filing b…

Source excerpt

• Ccma Rules
• Pre Arbitration Minutes
• Jurisdiction Of Labour Court
• Declaratory Orders
• Condonation
• Costs In Labour Matters

Moraba and Others v Ngwenya NO and Others (JR1893/20)

Moraba and Others v Ngwenya NO and Others (JR1893/20) [2021] ZALCJHB 427 (5 November 2021)

Court

Labour Court Johannesburg

Case number

JR1893/20

Judge

M I Mangena

The Labour Court reviewed a CCMA ruling that barred evidence linked to a withdrawn, consolidated fixed-term contract dispute and ordered expedited arbitration.

• Unfair Dismissal
• Fixed Term Contracts
• Consolidation Of Disputes
• Pre Arbitration Minutes
• Admissibility Of Evidence
• Labour-law