South Africa Case Law

Matunga v G and R Hydraulics (Pty) Ltd (JS991/20)

Matunga v G and R Hydraulics (Pty) Ltd (JS991/20) [2021] ZALCJHB 343 (29 September 2021)

Court

Labour Court Johannesburg

Case number

JS991/20

Judge

I.I Mahomed

The Labour Court does not have jurisdiction to adjudicate the applicant's automatically unfair dismissal claim because the MEIBC has not issued a certificate of deadlock in respect of the dismissal dispute. The statutory scheme under the Labour Relations Act requires that, before the Labour Court may adjudicate such a claim, the dispute must first be conciliated and a certificate of outcome must be issued, or 30 days must lapse after referral with the dispute remaining unresolved. In this case, no conciliation of the dismissal dispute occurred and no certificate was issued. The applicant's re…

Source excerpt

• Automatically Unfair Dismissal
• Jurisdiction Of Labour Court
• Conciliation Certificate Requirement
• Referral Time Limits
• Special Plea
• Stay Of Proceedings

SAD Holdings Limited and Another v Competition Commission in re: Competition Commission v SAD Holdings Limited and Another

SAD Holdings Limited and Another v Competition Commission in re: Competition Commission v SAD Holdings Limited and Another [2001] ZACT 40 (23 October 2001)

Court

Competition Tribunal

Case number

41/CR/Jul01

Judges

N. Manoim, D. Lewis, C. Qunta

The Tribunal held that the Competition Commission’s referral was out of time and that it had no power to condone the lapse after the one-year period expired.

• Jurisdiction Of Competition Tribunal
• Referral Time Limits
• Non Referral Notice
• Condonation Of Non Compliance
• Competition-law
• Jurisdiction