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South Africa decisions
Decisions matching the current search
Somi v Transnet Bargaining Council and Others (PR212/20) [2022] ZALCPE 40 (9 December 2022)
Labour Court review of a pre-dismissal arbitration award. The court set aside findings on charges 2, 4 and 5, upheld charge 3, and remitted sanction.
Almar Investments (PTY) Ltd v CCMA and Others (JR 109/2020) [2022] ZALCJHB 227 (16 August 2022)
The Labour Court dismissed a review of a CCMA award after finding the commissioner’s decision on unfair dismissal fell within the bands of reasonableness.
Mazibuko v CCMA and Others (JR1138/19) [2022] ZALCJHB 176 (27 June 2022)
Labour Court dismissed a review of a CCMA arbitration award upholding an employee’s dismissal, finding the award reasonable and the review grounds unmeritorious.
Foskor Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR 1003/2011) [2022] ZALCJHB 28 (17 February 2022)
A Labour Court review of an unfair dismissal award was dismissed after the court found the commissioner’s decision was reasonable and based on the evidence.
Mathamaga v CCMA and Others (JR1455/20) [2021] ZALCJHB 104 (26 May 2021)
The court found that the Commissioner’s award was not one that a reasonable decision maker could reach, as the instruction to report for duty was objectively reasonable and lawful. Kelatlhiwe’s failure to comply was not justified by his personal circumstances, and his conduct amounted to gross insubordination. The Commissioner’s reasoning was convoluted and inconsistent with the evidence, particularly in considering the appropriateness of the sanction after finding no rule was breached. The award was therefore reviewed and set aside, and replaced with an order that the dismissal was substanti…
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Dean v Commission for Conciliation Mediation and Arbitration and Others (JR1956/16) [2019] ZALCJHB 337 (3 December 2019)
The court found that the commissioner’s award was reasonable and supported by the evidence. The applicant failed to clock in and out as required by a rule introduced in October 2014, and his overtime claims for April and September 2015 could not be substantiated by clock cards. The commissioner drew a reasonable inference from the applicant’s failure to challenge prior penalties and the lack of clocking evidence. The denial of legal representation was subject to a separate ruling not challenged in this review. The grounds advanced by the applicant were without merit, and the review applicatio…
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Mocheke v GPSSBC and Others (JR1916/17) [2018] ZALCJHB 391 (29 November 2018)
The court found that the arbitrator's decision was consistent with the evidence presented, particularly the clear and convincing testimony of the farm owner regarding the cash received by the applicant. The applicant's version was improbable and less convincing. The arbitrator did not misdirect himself nor demonstrate bias. The award fell within the bounds of reasonableness and was therefore not reviewable in law.
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Mitre Veneering CC v Commission for Conciliation, Mediation and Arbitration and Others (JR1440/14) [2018] ZALCJHB 82 (6 March 2018)
The Labour Court reviewed and set aside an arbitration award reinstating employees accused of attempted theft, finding the arbitrator misread the evidence.
Media Information and Technologies Sector Education and Training Authority (MICTSETA) v Weedon and Others (JR718/16) [2018] ZALCJHB 79 (6 February 2018)
The Labour Court dismissed a review of a CCMA award, holding that the applicant was not entitled to a specific employee representative and suffered no material prejudice.
African Bulk Earthworks v Commission for Conciliation, Mediation and Arbitration and Others (PR138/14) [2017] ZALCPE 16 (17 November 2017)
The court found that the applicant failed to establish that the commissioner had committed any gross irregularity or had misconceived the nature of the dispute. The commissioner considered all relevant evidence, addressed the contradictory versions, and provided reasons for preferring the third respondent's account. The instruction given by Booyce was found to be unreasonable, and the dismissal for refusing to perform Booyce's work was substantively unfair. The award fell within the bounds of reasonableness and was not susceptible to review under section 145(2)(a)(ii) of the LRA. Accordingly,…
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