South Africa Case Law

Synchronised Logistical Solutions (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (PR133/23)

Synchronised Logistical Solutions (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (PR133/23) [2025] ZALCPE 8 (19 May 2025)

Court

Labour Court Port Elizabeth

Case number

PR133/23

Judge

Molotsi

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no gross irregularity in the arbitration.

• Review Of Arbitration Award
• Gross Irregularity
• Reasonable Prospect Of Success
• Procedural Unfairness
• Code Of Good Practice Dismissal
• Leave-to-appeal

Vico v Department of Ferestry, Fisheries and Environment (C 666/2023)

Vico v Department of Ferestry, Fisheries and Environment (C 666/2023) [2025] ZALCCT 26 (23 April 2025)

Court

Labour Court Cape Town

Case number

C 666/2023

Judge

R Lagrange

The Labour Court found that it lacked jurisdiction to grant most of the declaratory relief sought by the applicant, as the issues raised were either already pending before the bargaining council or had been decided in previous proceedings. The applicant's complaints regarding procedural unfairness and delay in the disciplinary process were matters for arbitration, not for declaratory relief in the Labour Court. The request to declare expenditure on recusal applications as fruitless and wasteful fell outside the court's purview, as such determinations are reserved for accounting officers and t…

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• Declaratory Relief
• Jurisdiction Of Labour Court
• Procedural Unfairness
• Fruitless And Wasteful Expenditure
• Review Of Disciplinary Proceedings

RMS Joint Venture CC t/a Radds Transport v Transnet SOC Limited and Others (2022-038072)

RMS Joint Venture CC t/a Radds Transport v Transnet SOC Limited and Others (2022-038072) [2024] ZAGPPHC 391 (19 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

2022-038072

Judge

Potterill

High Court review of a Transnet tender exclusion and award. The court found no genuine internal remedy, set aside the award, and substituted award to the applicant.

• Public Procurement
• Promotion Of Administrative Justice Act
• Preferential Procurement Policy Framework Act
• Internal Remedies Exhaustion
• Procedural Unfairness
• Tender Award Substitution

Akimpaye and Others v Minister Of Home Affairs and Others

Akimpaye and Others v Minister Of Home Affairs and Others [2023] ZAGPPHC 239; 19551/2020 (11 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

19551/2020

Judge

BAM

The High Court dismissed a rescission application, finding the delay unexplained and the respondents’ defence to be bare legal conclusions.

• Rescission Of Judgment
• Citizenship
• Procedural Unfairness
• Condonation
• Refugee Status Determination
• Rescission-of-judgment

AMCU obo Employees Listed in Annexure FA 1 v Patcon Construction and Civil Engineering Contractors (Pty) Ltd (D1489/17)

AMCU obo Employees Listed in Annexure FA 1 v Patcon Construction and Civil Engineering Contractors (Pty) Ltd (D1489/17) [2017] ZALCD 24; (2018) 39 ILJ 586 (LC) (13 December 2017)

Court

Labour Court Durban

Case number

D1489/17

Judge

Lagrange

The Labour Court found Patcon’s retrenchment consultations were curtailed and procedurally unfair for later phases, awarding compensation and limited interdictory relief.

• Retrenchment Procedure
• Section 189a Consultation
• Procedural Unfairness
• Compensation For Unfair Dismissal
• Retrenchment-procedure
• Section-189a-consultation

Sekwati v CCMA and Others (JR2032/15)

Sekwati v CCMA and Others (JR2032/15) [2017] ZALCJHB 499 (8 December 2017)

Court

Labour Court Johannesburg

Case number

JR2032/15

Judge

Steenkamp

The Labour Court dismissed an application for leave to appeal against dismissal of a review, holding that the arbitrator’s findings and compensation decision were reasonable.

• Review Of Arbitration Award
• Leave To Appeal Test
• Procedural Unfairness
• Compensation Discretion
• Leave-to-appeal
• Labour-court-review

Billion Group (Pty) Ltd v Mosheshe and Others (JA64/2016)

Billion Group (Pty) Ltd v Mosheshe and Others (JA64/2016) [2017] ZALAC 72; (2018) 39 ILJ 368 (LAC); [2018] 3 BLLR 223 (LAC) (21 November 2017)

Court

Labour Appeal Court

Case number

JA64/2016

Judges

Waglay JP, Sutherland JA, Savage AJA

Appeal concerned compensation and interest after a procedurally unfair dismissal on a fixed-term contract. The Labour Appeal Court upheld compensation and adjusted the interest date.

• Procedural Unfairness
• Compensation For Unfair Dismissal
• Interest On Awards
• Fixed Term Contracts
• Procedural-unfairness
• Unfair-dismissal

Enlightened Security Force (Pty) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR283/2012)

Enlightened Security Force (Pty) Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR283/2012) [2016] ZALCJHB 57 (16 February 2016)

Court

Labour Court Johannesburg

Case number

JR283/2012

Judge

Van As

The Labour Court dismissed a review of a CCMA arbitration award, finding the commissioner’s fairness findings reasonable and awarding party-and-party costs.

• Review Of Arbitration Award
• Procedural Unfairness
• Substantive Fairness
• Costs Award
• Labour-law
• Ccma-review

Mohlakoana v Commission for Conciliation Mediation And Arbitration and Another (JR284/09)

Mohlakoana v Commission for Conciliation Mediation And Arbitration and Another (JR284/09) [2010] ZALCJHB 69 (13 April 2010)

Court

Labour Court Johannesburg

Case number

JR 284/09

Judge

Lagrange

The court found that the commissioner failed to provide any reasons for awarding two months' compensation for a substantively unfair dismissal. The absence of reasoning or justification for the remedy granted, coupled with the inability to discern the rationale from the findings on procedural and substantive unfairness, constituted a failure to exercise judicial discretion. The commissioner’s omission amounted to misconduct under section 145(2)(a) of the LRA. The court held that, in such circumstances, the award is reviewable and should be set aside. The matter was remitted to the commissione…

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• Compensation Award
• Substantive Unfair Dismissal
• Procedural Unfairness
• Judicial Discretion
• Remittal For Reconsideration

Sud Chemie SA (Pty) Ltd v Mothuloe NO and Another (JR946/01)

Sud Chemie SA (Pty) Ltd v Mothuloe NO and Another (JR946/01) [2001] ZALCJHB 3 (22 January 2001)

Court

Labour Court Johannesburg

Case number

JR946/01

Judge

A A Landman

The Labour Court dismissed a review of a private arbitration award, upholding a finding that the dismissal was procedurally unfair and awarding compensation.

• Arbitration Review
• Procedural Unfairness
• Compensation Award
• Disciplinary Hearing
• Bias In Arbitration
• Arbitration-review