South Africa Case Law

Aucamp v South African Revenue Services (JS 884/2011)

Aucamp v South African Revenue Services (JS 884/2011) [2013] ZALCJHB 266; [2014] 2 BLLR 152 (LC); (2014) 35 ILJ 1217 (CC) (17 October 2013)

Court

Labour Court Johannesburg

Case number

JS 884/2011

Judge

Snyman AJ

The Labour Court determined that the true nature of the applicant's dispute was twofold: an unfair labour practice relating to benefits and a dispute about the interpretation and application of collective agreements. The PMDS policy and collective agreements governed the applicant's entitlement to a performance bonus, and any disputes arising from these instruments must be resolved through the dispute resolution process prescribed in the NBF collective agreement, namely private arbitration. The Labour Court lacks jurisdiction to adjudicate both unfair labour practice disputes and disputes abo…

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• Unfair Labour Practice
• Interpretation Of Collective Agreement
• Jurisdiction Of Labour Court
• Performance Bonus Dispute
• Private Arbitration
• Section 158 Stay

Carlbank Mining Contracts (Pty) Ltd v National Bargaining Council for the Road Freight Industry and Others (JR 1592/07)

Carlbank Mining Contracts (Pty) Ltd v National Bargaining Council for the Road Freight Industry and Others (JR 1592/07) [2010] ZALC 109; (2010) 31 ILJ 2076 (LC) ; [2010] 11 BLLR 1142 (LC) (21 July 2010)

Court

Labour Court

Case number

JR 1592/07

Judge

Van Niekerk

The court held that the collective agreement did not mandate exclusive referral of disputes to the bargaining council, and thus, the private arbitration clause in the employment contract did not constitute a waiver of rights or less favourable treatment under section 199 of the Labour Relations Act. The arbitration process offered was independent and at no cost to the employee, and there was no evidence that the employee was prejudiced. The second respondent's ruling that the council retained jurisdiction was based on speculative and incorrect considerations and failed to properly interpret t…

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• Collective Agreements
• Private Arbitration
• Jurisdiction Of Bargaining Council
• Waiver Of Rights
• Unfair Dismissal

Carlbank Mining Contracts (Pty) Ltd v National Bargaining Council for the Road Freight Industry and Others (JR1592/07)

Carlbank Mining Contracts (Pty) Ltd v National Bargaining Council for the Road Freight Industry and Others (JR1592/07) [2010] ZALCJHB 5 (21 July 2010)

Court

Labour Court Johannesburg

Case number

JR1592/07

Judge

Van Niekerk

The court held that the collective agreement did not create a mandatory obligation to refer disputes exclusively to the bargaining council, and thus, agreeing to private arbitration in the employment contract did not constitute a waiver of rights under the collective agreement. The arbitration clause did not subject the employee to less favourable treatment, as the process was independent and at no cost to the employee. The second respondent's ruling that the council retained jurisdiction was based on incorrect and speculative considerations and failed to properly interpret the relevant provi…

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• Collective Agreements
• Private Arbitration
• Jurisdiction Of Bargaining Council
• Waiver Of Rights
• Unfair Dismissal

National Union of Mineworkers obo 35 Employees v Grogan NO and Another (CA 2/07)

National Union of Mineworkers obo 35 Employees v Grogan NO and Another (CA 2/07) [2010] ZALAC 3; (2010) 31 ILJ 1618 (LAC) ; [2010] 8 BLLR 799 (LAC) (24 February 2010)

Court

Labour Appeal Court

Case number

CA 2/07

Judge

LeeuW JA

The Labour Appeal Court held that the Labour Court was correct in limiting its review to the grounds set out in section 33 of the Arbitration Act, as the arbitration was private and voluntary. The Court found that the parties' agreement could not expand the Labour Court's statutory powers of review. The arbitrator's findings regarding the fairness of the dismissals were supported by the evidence, including the audit results and witness testimony. The appellant's grounds largely constituted matters of appeal rather than review. The Labour Court's dismissal of the review application was justifi…

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• Unfair Dismissal
• Private Arbitration
• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Grounds Of Review

Steyn v Middleburg Ferrochrome (A Division of Samcor Ltd) and Others (JR917/06)

Steyn v Middleburg Ferrochrome (A Division of Samcor Ltd) and Others (JR917/06) [2008] ZALCJHB 37 (22 December 2008)

Court

Labour Court Johannesburg

Case number

JR917/06

Judge

Cele

The Labour Court refused condonation and dismissed a review of a private arbitration award, finding no good prospects of success and no reviewable irregularity.

• Unfair Dismissal
• Condonation
• Private Arbitration
• Arbitration Review
• Fiduciary Duty
• Misconduct

Steyn v Middelburg Ferrochrome (A Division of Samcor Limited) and Others (JR917/06)

Steyn v Middelburg Ferrochrome (A Division of Samcor Limited) and Others (JR917/06) [2008] ZALC 170; (2009) 30 ILJ 1637 (LC) (22 December 2008)

Court

Labour Court

Case number

JR917/06

Judge

Cele

The Labour Court refused condonation for a late review and dismissed a challenge to an arbitration award, finding no good prospects of success and no reviewable error.

• Unfair Dismissal
• Private Arbitration
• Condonation
• Arbitration Review
• Misconduct
• Fiduciary Duty

Elly v Mafikeng Local Municipality (1372/06)

Elly v Mafikeng Local Municipality (1372/06) [2007] ZANWHC 13 (29 March 2007)

Court

North West High Court, Mafikeng

Case number

1372/06

Judge

Gura

The court ordered a municipality to proceed to private arbitration over an employee dismissal dispute and awarded punitive costs.

• Private Arbitration
• Employment Contract Dispute
• Punitive Costs
• Rule 6 5 B Irregularity
• Private-arbitration
• Employment-contract-disputes

Johnson v CCMA and Others (C450/2004)

Johnson v CCMA and Others (C450/2004) [2005] ZALC 77; (2005) 26 ILJ 1332 (LC); [2005] 8 BLLR 796 (LC) (24 May 2005)

Court

Labour Court

Case number

C450/2004

Judge

Murphy AJ

The Labour Court found that the CCMA had jurisdiction to conciliate an unfair labour practice dispute and set aside the commissioner’s contrary ruling.

• Ccma Jurisdiction
• Private Arbitration
• Unfair Labour Practice
• Collective Agreement
• Res Judicata
• Conciliation

SAB v CCMA and Others (J 5767/00)

SAB v CCMA and Others (J 5767/00) [2002] ZALC 146; [2002] 9 BLLR 894 (LC); (2002) 23 ILJ 1467 (LC) (19 June 2002)

Court

Labour Court

Case number

J 5767/00

Judge

D B Ntsebeza

The court held that the existence of a collective agreement requiring dismissal disputes to be referred to private arbitration deprived the CCMA of jurisdiction over the dispute. The CCMA's condonation ruling was granted without the applicant being served or given an opportunity to make representations, and the condonation application was made out of time. The jurisdiction ruling similarly failed to consider the primacy of the collective agreement. Both rulings constituted gross irregularities and were set aside. The applicant was entitled to relief as the CCMA had no jurisdiction to entertai…

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• Collective Agreements
• Jurisdiction Of Ccma
• Condonation
• Private Arbitration
• Review Of Arbitral Award

Anglogold Ltd v Mthombeni and Others (J2662/00)

Anglogold Ltd v Mthombeni and Others (J2662/00) [2001] ZALC 8 (31 January 2001)

Court

Labour Court

Case number

J2662/00

Judge

Gering

The court held that the applicant failed to establish any of the grounds for review under section 33(1) of the Arbitration Act. The arbitrator's decision was based on the evidence presented, which did not sufficiently prove that the gold concentrate was the company's property or that the employee was in possession of it. The arbitrator's reasoning, even if erroneous, did not amount to misconduct, gross irregularity, or mala fides. The charge against the employee was not proven on a balance of probabilities, and the arbitrator's conclusion was not grossly unreasonable. The application to set a…

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• Review Of Arbitration Award
• Misconduct By Arbitrator
• Onus Of Proof In Dismissal
• Substantive Fairness
• Mining Rights Act
• Private Arbitration