South Africa Case Law

Nimfasha and Others v Bokwe Trading CC t/a Bokwes Security Services (C444/2021)

Nimfasha and Others v Bokwe Trading CC t/a Bokwes Security Services (C444/2021) [2024] ZALCCT 49; (2025) 46 ILJ 405 (LC) (4 November 2024)

Court

Labour Court Cape Town

Case number

C444/2021

Judge

R Lagrange

The Labour Court held it lacked jurisdiction over severance pay and statutory payment claims by NMWA employees, directing the disputes to the CCMA.

• Severance Pay
• Statutory Entitlements
• Jurisdiction Of Labour Court
• National Minimum Wage Act
• Referral To Ccma
• Labour-court-jurisdiction

Dipela v Limpopo Economic Development Agency (J1125/21)

Dipela v Limpopo Economic Development Agency (J1125/21) [2024] ZALCJHB 113; (2024) 45 ILJ 1278 (LC) (15 March 2024)

Court

Labour Court Johannesburg

Case number

J1125/21

Judge

R Daniels

The Labour Court dismissed an unfair labour practice application for lack of jurisdiction and ordered costs de bonis propriis against the applicant's representative.

• Unfair Labour Practice
• Jurisdiction
• Costs De Bonis Propriis
• Subsidiarity
• Referral To Ccma
• Unfair-labour-practice

Maphoso v South African Broadcasting Corporation and Another (JS434/22)

Maphoso v South African Broadcasting Corporation and Another (JS434/22) [2024] ZALCJHB 34 (5 February 2024)

Court

Labour Court Johannesburg

Case number

JS434/22

Judge

R Adams

The Labour Court lacks jurisdiction to adjudicate the Applicant's unfair labour practice dispute because section 191(1)(a) and section 191(5)(a) of the LRA require such disputes to be referred to a bargaining council or the CCMA for arbitration. The Applicant was aware of this requirement, as evidenced by his simultaneous referral to both the CCMA and the Labour Court. Section 158(2) of the LRA does not permit parties to choose the Labour Court as an arbitrator at the outset, and is only applicable in exceptional circumstances where it becomes apparent after referral that arbitration is requi…

Source excerpt

• Unfair Labour Practice
• Jurisdiction Of Labour Court
• Referral To Ccma
• Forum Shopping

National Union of Metal Workers of South Africa v PFG Building Glass and Another (JS 996/18)

National Union of Metal Workers of South Africa v PFG Building Glass and Another (JS 996/18) [2020] ZALCJHB 159 (25 August 2020)

Court

Labour Court Johannesburg

Case number

JS 996/18

Judge

Van Niekerk

The Labour Court dismissed NUMSA’s declaratory application about temporary employment services, holding the dispute was unsuitable for oral evidence and should have gone to the CCMA.

• Temporary Employment Services
• Jurisdiction Of Labour Court
• Declaratory Relief
• Section 198a Lra
• Referral To Ccma
• Temporary-employment-services

Thipe and Others v Bader South Africa (Pty) Ltd (J619/14)

Thipe and Others v Bader South Africa (Pty) Ltd (J619/14) [2018] ZALCJHB 306; [2019] 1 BLLR 102 (LC) (28 September 2018)

Court

Labour Court Johannesburg

Case number

J619/14

Judge

Nkutha-Nkontwana

The Labour Court dismissed an application for condonation and held it lacked jurisdiction because the unfair dismissal dispute was not shown to have been conciliated.

• Jurisdiction Of Labour Court
• Condonation For Late Filing
• Conciliation Requirement
• Unfair Dismissal
• Referral To Ccma
• Labour-court

Bobcrete (Pty) Ltd v Building Industry Bargaining Council and Another (C940/2009)

Bobcrete (Pty) Ltd v Building Industry Bargaining Council and Another (C940/2009) [2010] ZALC 328 (4 May 2010)

Court

Labour Court

Case number

C940/2009

Judge

Cheadle

The Commissioner failed to comply with section 62(3A) of the Labour Relations Act when a jurisdictional question was raised regarding whether the applicant is bound by the main agreement. The Commissioner did not consider the three statutory conditions nor refer the question to the CCMA as required. This constitutes a material irregularity, rendering the arbitration award reviewable and liable to be set aside. The court found that the determination of whether the applicant is bound by the agreement is necessary and not previously decided, and thus the matter should be referred to the CCMA for…

Source excerpt

• Collective Agreements
• Jurisdiction Of Arbitrator
• Referral To Ccma
• Review Of Arbitration Award

Bobcrete (Pty) Ltd v Building Industry Bargaining Council and Another (C940/2009)

Bobcrete (Pty) Ltd v Building Industry Bargaining Council and Another (C940/2009) [2010] ZALCCT 20 (4 May 2010)

Court

Labour Court Cape Town

Case number

C940/2009

Judge

Cheadle

The Labour Court reviewed and set aside an arbitration award and referred the scope dispute over a building-industry collective agreement to the CCMA under section 62.

• Collective Agreements
• Jurisdiction Of Arbitrator
• Referral To Ccma
• Enforcement Of Agreements
• Labour-law
• Collective-agreements

Charles and Others v Gauteng Department of Health (Kopanong Hostpital) and Others (JA67/06)

Charles and Others v Gauteng Department of Health (Kopanong Hostpital) and Others (JA67/06) [2007] ZALAC 18 (22 June 2007)

Court

Labour Appeal Court

Case number

JA 67/06

Judges

Davis, Jappie, Leeuw

The Labour Appeal Court set aside the court a quo’s order and referred the complaint to the CCMA for an expeditious hearing.

• Referral To Ccma
• Jurisdiction Of Labour Courts
• Labour-law
• Ccma-referral
• Jurisdiction-of-labour-courts

South African Transport and Allied Workers Union v Coin Reaction (D413/05)

South African Transport and Allied Workers Union v Coin Reaction (D413/05) [2005] ZALC 83; (2005) 26 ILJ 1507 (LC); [2005] 10 BLLR 1022 (LC) (24 June 2005)

Court

Labour Court

Case number

D413/05

Judge

Francis

The Labour Court held that a wage dispute had been properly referred to the CCMA, making the ensuing strike protected under the Labour Relations Act.

• Protected Strike
• Referral To Ccma
• Refusal To Bargain
• Advisory Arbitration Award
• Wage Dispute
• Costs Order

National Union of Mine Workers v Impala Platinum Limited (J4683/01)

National Union of Mine Workers v Impala Platinum Limited (J4683/01) [2001] ZALC 195 (31 October 2001)

Court

Labour Court

Case number

J4683/01

Judge

E. Revelas

The Labour Court dismissed an urgent interdict sought to stop hostel restructuring pending a CCMA referral, finding no clear right, irreparable harm, or basis for interim relief.

• Collective Bargaining
• Interdict
• Restructuring
• Referral To Ccma
• Labour-law
• Urgent-interdict