South Africa Case Law

Lesira Manufacturing (Pty) Ltd v Schulz and Others (JR409/2021; J2156/19)

Lesira Manufacturing (Pty) Ltd v Schulz and Others (JR409/2021; J2156/19) [2025] ZALCJHB 73 (26 February 2025)

Court

Labour Court Johannesburg

Case number

JR409/2021; J2156/19

Judge

N L Dandadzi

The court found that the applicant's review/counter application under J2156/19 was validly withdrawn, as the notice of withdrawal was filed with the Registrar and confirmed in the applicant's own affidavit. Even if not withdrawn, the application would have lapsed under the Labour Court Practice Manual due to delay. The condonation application for late filing of the review under JR409/21 was dismissed because the applicant failed to provide a reasonable explanation for the delay and had no prospects of success. The grounds for review—misconduct, gross irregularity, and improper procurement—wer…

Source excerpt

• Private Arbitration Review
• Condonation
• Arbitration Award Enforcement
• Gross Irregularity
• Costs Order

Lesira Manufacturing (Pty) Ltd v Schulz and Others (JR409/2021; J2156/19)

Lesira Manufacturing (Pty) Ltd v Schulz and Others (JR409/2021; J2156/19) [2025] ZALCJHB 61 (20 February 2025)

Court

Labour Court Johannesburg

Case number

JR409/2021; J2156/19

Judge

N L Dandadzi

The court found that the applicant's review/counter application under J2156/19 was validly withdrawn and, in any event, had lapsed under the Labour Court Practice Manual due to inactivity. The condonation application for the late filing of the review under JR409/21 was dismissed because the applicant failed to provide a reasonable explanation for the delay and had no prospects of success. The grounds for review advanced by the applicant did not meet the strict requirements of section 33 of the Arbitration Act, as they related to the merits of the arbitrator's decision and not to misconduct, g…

Source excerpt

• Private Arbitration Review
• Condonation For Late Filing
• Making Arbitration Award Order Of Court
• Gross Irregularity
• Misconduct By Arbitrator
• Costs Award

Matiko v Friedman N.O and Another (JR570/2023)

Matiko v Friedman N.O and Another (JR570/2023) [2024] ZALCJHB 473 (28 November 2024)

Court

Labour Court Johannesburg

Case number

JR570/2023

Judge

Prinsloo

The Labour Court held that the review of private arbitration awards is strictly confined to the grounds set out in section 33(1) of the Arbitration Act, namely misconduct, gross irregularity, excess of powers, or improper procurement of the award. The applicant's first two grounds for review, which attacked the merits of the arbitrator's findings and alleged errors of law, were found to be misconceived, as errors of law or fact do not constitute reviewable irregularities in private arbitration. The arbitrator did not misconceive the nature of the inquiry or his duties, and the process was fai…

Source excerpt

• Private Arbitration Review
• Arbitration Act Section 33
• Cost Orders In Labour Disputes
• Probationary Employment
• Procedural Irregularity
• Judicial Discretion

NUM obo Mpete and Others v Matyolo and Another (JR 755/2019)

NUM obo Mpete and Others v Matyolo and Another (JR 755/2019) [2023] ZALCJHB 62 (14 March 2023)

Court

Labour Court Johannesburg

Case number

JR 755/2019

Judge

Prinsloo

The court held that the review of a private arbitration award is strictly confined to the grounds set out in section 33(1) of the Arbitration Act: misconduct, gross irregularity, or improper procurement. The arbitrator acted within the powers conferred by the arbitration agreement, which expressly mandated him to determine whether the individual applicants participated in an unprotected strike and whether their dismissals were fair. The applicant's allegations of misconduct amounted to complaints about the merits of the arbitrator's findings, not about the process or conduct as required for r…

Source excerpt

• Private Arbitration Review
• Arbitration Act Section 33
• Unfair Dismissal
• Condonation
• Representation In Labour Court

Lawrence v Mutual and federal (Pty) Ltd and Another (JA77/2014)

Lawrence v Mutual and federal (Pty) Ltd and Another (JA77/2014) [2016] ZALAC 45 (15 September 2016)

Court

Labour Appeal Court

Case number

JA77/2014

Judges

Tlaletsi, Coppin, Makgoka

Labour Appeal Court upheld dismissal of a review of a private arbitration award, finding no reviewable irregularity and no basis to interfere with costs.

• Private Arbitration Review
• Unfair Dismissal
• Remedies For Unfair Dismissal
• Costs Discretion
• Arbitration Act
• Section 193 Lra

Lawrence v Mutual And Federal (Pty) Ltd and Another (JR3308/2011)

Lawrence v Mutual And Federal (Pty) Ltd and Another (JR3308/2011) [2014] ZALCJHB 153 (9 May 2014)

Court

Labour Court Johannesburg

Case number

JR3308/2011

Judge

Prinsloo

Labour Court review of a private arbitration award in a dismissal dispute. The court upheld review only on the bonus issue and ordered full payment.

• Private Arbitration Review
• Substantive Fairness
• Remedies For Unfair Dismissal
• Performance Bonus Dispute
• Private-arbitration-review
• Dismissal-fairness

National Union of Mineworkers and Another v Tokiso Dispute Settlement (Pty) Ltd and Others (JR 397/09)

National Union of Mineworkers and Another v Tokiso Dispute Settlement (Pty) Ltd and Others (JR 397/09) [2011] ZALCJHB 180 (22 March 2011)

Court

Labour Court Johannesburg

Case number

JR 397/09

Judge

Steenkamp

The Labour Court refused condonation and dismissed a review of a private arbitration award, holding that the applicants failed to show misconduct, irregularity, or excess of powers.

• Private Arbitration Review
• Arbitration Act Section 33
• Condonation
• Misconduct
• Gross Irregularity
• Private-arbitration-review

RSA Geological Services Division of De Beers Consolidated Mines Ltd v Grogan (JR 2537/03)

RSA Geological Services Division of De Beers Consolidated Mines Ltd v Grogan (JR 2537/03) [2007] ZALC 64; [2008] 2 BLLR 184 (LC); (2008) 29 ILJ 406 (LC) (28 September 2007)

Court

Labour Court

Case number

JR 2537/03

Judge

Pillay D

Labour Court review of a private arbitration award on group dismissal and derivative misconduct in a kimberlite-dumping case.

• Derivative Misconduct
• Procedural Fairness
• Burden Of Proof
• Dismissal For Misconduct
• Private Arbitration Review
• Derivative-misconduct

Anglo Operations Ltd (Bank Colliery) v Tokiso Dispute Resolution (Pty) Ltd and Others (JR881/04)

Anglo Operations Ltd (Bank Colliery) v Tokiso Dispute Resolution (Pty) Ltd and Others (JR881/04) [2006] ZALCJHB 17 (5 July 2006)

Court

Labour Court Johannesburg

Case number

JR 881/04

Judge

E Revelas

Labour Court review of an arbitration award in an unfair dismissal dispute. The court upheld the arbitrator’s sanction of a final warning instead of dismissal.

• Unfair Dismissal
• Private Arbitration Review
• Progressive Discipline
• Sanction For Misconduct
• Unfair-dismissal
• Private-arbitration-review